JACKSONVILLE, Fla. -- A Central Florida couple's battle for a baby reached a Duval County courtroom Tuesday afternoon.

Tom Lamintina and his wife sought out a surrogate mother, Stephanie Eckard, of Jacksonville, but now Eckard is refusing to give up the child.

The child, named Emma Grace Eckard, was born on May 9, according to court documents.

The Lamintinas held a news conference Monday announcing they planned to seek temporary custody of 2-month-old Emma.

On Tuesday, a judge heard from both sides of the case but did not make a decision on whether Lamintina should get custody of the baby.

"She has the right to keep her baby. She is the biological mother here and she has that right," said Eckard's attorney Kelly Hampton.

Hampton said Eckard decided to keep the baby before she was born, and that she revoked the contract. However, the baby's father said neither he nor his attorney ever got word of that.

"She admitted under oath that it was her intention that it was an agreement that needs to be lived up to," said Lamintina's attorney, Scott Salomon.

Eckard's attorney said there was an e-mail between the two parents and that Lamintina told Eckard he didn't want the baby.

"He said, 'My wife wants it, however, I do not,'" Hampton said.

"That is so false, and I think I'm going to talk to my attorney to see if we can't get that for slander," Lamintina said.

"She's trying to play Florence Nightengale. This is my client's child, he should be the one with his wife taking care of this child," Salomon said.

The judge will review all the evidence and is expected to make a decision by the end of this week.

The child remains with her birth mother. Lamintina is asking for temporary custody or visitation with the baby girl.