Christina Bookal's other children will remain in her custody, despite the disappearance of her 4-year-old son in December, a judge says.

Marc Anthony Bookal's father, Yul Bookal, says he will fight the ruling to gain custody of his other son Matthew. Christina Bookal also retained custody of her two children with Cory Byrd, who was caring for Marc when he disappeared.

According to state documents, Byrd was charged with assault against his son, Christian, in 1998. Though child endangerment charges against Byrd were dropped, he was recently imprisoned again for violating parole.

Child Protective Services will monitor Christina Bookal's home until her court date on May 24.