HOUSTON -- A mother fought in court on Monday to regain custody of her baby son after her father allegedly left him at a southwest Houston park, KPRC Local 2 reported.

Roy Garza's 5-month-old grandson was found alone next to a Dumpster at Collins Elementary School on Friday night.

Yvette Diallo said Garza, her father, was left in charge of her children while she went to work and her husband was asleep.

She said Garza took her 2-year-old daughter, Kayla, and grandson, Alpha, for a walk, but he only came home with Kayla.

Yvette said her dad first told her that he didn't take Alpha to the park and then told her that he could not remember what happened.

Alpha was found several hours later. He was placed in Child Protective Services' custody.

A judge ruled on Monday that before Alpha is reunited with his family, the family must submit to a background check.

The baby will remain in CPS custody for at least one more day.

"Just to make sure that when he's reunited with his parents again that he is going back to a safe home," said Estella Olguin with Harris County Child Protective Services.

"I know he wants to come home. I miss him and I love him so much," Diallo said.

"I can't sleep or eat. But he's OK. He's got to be OK," said Gloria Ruiz, Alpha's grandmother.

CPS said its goal is to return the baby by 5 p.m. on Tuesday to either the parents or another relative who passed the background check.

Garza was charged with endangering a child. He is due in court on Tuesday morning.

More Information:

Texas Department of Family and Protective Services: Search Texas Child Care