HOUSTON -- Charged with capital murder and awaiting trial, the mother of a slain toddler who was nicknamed Baby Grace gave birth on Thursday, KPRC Local 2 reported.

That baby boy was taken into custody by Child Protective Services on Friday.

But the question of who will raise the child turned into a custody battle.

"The father was not in agreement with it," said Estella Olguin with Child Protective Services. "Regardless of whether or not he's in agreement, CPS is taking custody. So now it's going to be up to court to decide who's going to raise the baby."

Initially, both Kimberly Trenor, 19, and Royce Zeigler II, 25, agreed to give up their parental rights to the newborn.

CPS officials said Trenor was making arrangements to have one of her relatives take care of the child. Zeigler changed his mind.

Trenor and her husband are accused of beating her 2-year-old, Riley Ann Sawyer, to death on July 25 in their Spring home. Riley Ann's body was found in a box floating in Galveston Bay on Oct. 29. She went unidentified for weeks.

In the matter involving the couple's newborn, Local 2's legal analyst Brian Wice said the father does not have much of a say.

"It's not a question of if this father's parental rights are going to be terminated," Wice said. "It's a question of when."

CPS officials said Zeigler is now interested in having his parents raise the child, but CPS is already in the process of placing the newborn child with Trenor's relatives

"We are talking to some relatives in the Dallas area who are very interested in raising him (and) taking custody of him," Olguin said. "At this point, we're doing a home study, we're doing background checks and just making sure that the home is going to be safe."

Wice and Olguin said Zeigler has the right to make a suggestion of who should raise his child.

"The law recognizes him, for better or for worse, as this child's father, but the law also recognizes that it's not the parents interest that's paramount, it's the best interest of the child," Wice said.

The newborn is scheduled to be released from the hospital on Monday.

Also on Monday, CPS will make a recommendation on who they believe should raise the child.

Officials said he could also be placed with foster parents if their home study and background checks are not complete.

CPS officials said in a case like this, they would also recommend that they child not have any future contact with the parents.

Trenor and Zeigler were arrested Nov. 24. Prosecutors are not seeking the death penalty in the case, and the two remain in the Galveston County Jail in lieu of $750,000 bail each. Their trial is set for Nov. 3.

More Information:

Probable Cause Affidavit For Kimberly Dawn Trenor
Probable Cause Affidavit For Royce Zeigler II