OVIEDO -- Lawyers for a surrogate mother in a custody battle filed a motion to dismiss the suit.

The Lamintina family of Oviedo filed a lawsuit against Stephanie Eckard. They claim Eckard agreed to be a surrogate mother. But not only did she keep the baby, the Lamintinas said she sought child support and health insurance for the child.

Eckard's attorney said she told the Lamintina's she wanted to keep the child before it was born.

Now both sides will wait to hear whether the court will dismiss the suit or order both sides to appear before a judge.

Click here to comment on this story.