The Gwinnett County father and stepmother accused of starving to death a 10-year-old are seeking custody of their two younger children.

Eman and Tiffany Moss, both charged with murder in the November death of Emani Moss, appeared Tuesday in juvenile court, where the children’s grandmothers were also seeking custody of the two, ages 1 and 3. But the judge postponed any decision until January, meaning both children will remain in foster care for now.

In court Tuesday, attorneys for Eman and Tiffany Moss argued that grandmother Robin Moss does not have an income, reliable transportation or a home big enough for the children, Channel 2 Action News reported.

“I want them with me,” Robin Moss told the courtroom. “Christmas is almost here and I want to spend time with my grandchildren.”

Robin Moss temporarily had custody of Emani before the girl was returned to her father and stepmother. On Nov. 2, Emani was found dead in a trash can outside her Gwinnett County apartment. She had been burned and weighed only 32 pounds.

After the child’s death, Robin Moss said she urged state officials to investigate her suspicions that Emani was being abused. State officials had investigated complaints, but ultimately allowed Emani to remain in the home. Several DFACS employees were later fired for lack of action in the case.

“I don’t want my grandchildren in the system,” Robin Moss told the judge. “They shouldn’t be in the system.”

Judge Robert Waller ordered a private investigator to look into both grandmothers’ living conditions before making a decision.

Eman and Tiffany Moss remain in the Gwinnett County jail, where they are being held without bond.