DALLAS (CBSDFW.COM) – There has been another delay in the custody hearing for Sherin Mathews’ 4-year-old sister. The child was moved to foster care after the disappearance and later investigation into her adopted sister’s death.

The mother of both girls, Sini Mathews, was in court in Dallas today for a hearing with Texas Child Protective Services.

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Essentially the hearing was pushed back to a later date, for the second time, but there is now an agreement that once all the attorneys are onboard that the little girl can be placed with relatives who live near Houston.

(credit: CBSDFW.COM)

Sini Mathews and her legal team didn’t have a comment for CBS 11 News before entering the courtroom and once inside the judge granted an extension request.

As it stands, the 3-year-old biological daughter of Wesley and Sini Matthews remains in state custody. CPS spokesperson Marissa Gonzalez explained, “She is still in foster care at this point — continuing to have visits once a week with the mother. But once everyone is in agreement to place her with the relatives then we will be doing that.” 

Both Wesley and Sini Matthews were in court last month but that hearing was postponed so Wesley could hire a civil attorney to represent him in the custody case. Soon after however, Wesley was arrested in connection with the death of his adopted daughter.

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(credit: Richardson Police Department)

Arrest affidavits detail Wesley Mathews claims that he was trying to get Sherin to drink a cup of milk but that she wasn’t cooperating. He said at some point when Sherin finally complied he “physically assisted the 3-year-old girl in drinking the milk.” It was then that Mathews said the toddler began to choke and that after coughing for a while her breathing slowed.

The 37-year old said that when he could no longer feel Sherin’s pulse he “believed she had died” and removed the little girl from the house.

It was more than two weeks after her disappearance when Sherin Matthews’ body was found in a culvert near family’s home in Richardson.

When asked about the CPS case Wesley Mathews’ attorney, David Kleckner, said his client won’t contest his wife’s custodial request and also approves of placing the child with family members.

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The next custody court date for the Mathews’ biological daughter is now set for November 29 and Wesley Mathews, who remains jailed on an Injury to a Child charge and $1 million bail, is expected to attend.