The mother 's oldest child and the late rapper's sister have been in and out court . In the latest development in, Emani's mother, Tanisha Foster, is claiming that Samantha Smith took her daughter from her and refuses to give her back.

The Blast reports Samantha Smith previously filed documents in court, albeit behind Foster's back, to become Emani's legal guardian. Now, Foster is essentially accusing Smith kidnapping her child, claiming, the  “Law and Policy this state favors the protection the rights natural parents and their children. Objector has statutory priority over petitioner.”

Foster accuses Smith taking Emani from her and refusing to give her back after the 10-year-old visited her father on the day he died. She said Smith “unlawfully took the minor and as this date, despite objectors demand, refused to return the minor to Objector.” Foster said that Smith isn't actually acting in the child's best interest especially since Nipsey's sister's “act removing the minor from her mother’s custody; and by refusing contact between minor and mother.”

Smith is getting support from Nipsey's brother, Blacc Sam, and his father, who signed f on documents saying that they believe Emani's best interest is being with Smith. 

Smith, Blacc Sam, Foster, and Nipsey's father were all in court last week where Foster was able to spend time with Emani. Following the hearing, Foster said that she's going to fight to gain the custody her daughter.