Husband's Comments 'Inconsistent' in Jogger Murder, Police Say

The custody hearing, set to determine whether the two Cooper children will remain in the care of Nancy Cooper's parents, Garry and Donna Rentz, finished late last week. A judge awarded the Rentzes temporary custody to in July.

Police say custody rights of Nancy Cooper's two daughters has been given to her family while police search for the mother's murderer.

(hand out )

According to ABC News affiliate WTVD, evidence such as video and audio recordings of Web calls between Cooper and his children -- a provision of the original custody agreement -- may still need to be copied and made available to lawyers for both parties, consequently delaying any settlement.

Related

WATCH: 'She's Missing': Jogger Pal Calls 911

WATCH: Man Spots Dead Jogger's Body

Attorney: Husband Didn't Kill Jogger

Wake Court District Judge Debra Sasser made it clear at the start of the hearing that the ongoing murder investigation would certainly play a role in the custody decision.

According to the Raleigh News & Observer, Sasser said during the court hearing Sept. 29, "I am not going to avoid the elephant in the room: Did Brad Cooper kill his wife?"

"That's what I have to determine in this custody case if no one is charged and convicted in Nancy Cooper's death before the custody hearing."

Lawyers for Nancy Cooper's family declined to comment on whether they were optimistic about the outcome of the case.

"For now, the evidence speaks for itself and we look forward to a ruling," said Alice Stubbs, the Rentzes' lawyer.

ABC News' Scott Michels contributed to this report.