Testimony is scheduled to begin tomorrow in a custody battle for a 3-year-old who was found clinging to her mother Collete Sulcer in Harvey flood waters.

The battle for Jordyn Falade is between her father, Adedera Falade and Sulcer’s cousin, Anita Allison and other family members.

There was an argument in court this afternoon between the two attorneys because Allison was verbally pronounced as the guardian of the estate on Wednesday in Probate court. This basically means she is in charge of Jordyn's finances which makes her eligible for custody.

Attorney Michael McEachern who is representing the father argued the law requires a parent to be notified when the guardianship is being decided.

However, Attorney Jolei Shipley said it was a verbal decision made by County Judge Jeff Branick in probate court.

Shipley mentioned $167,000 was raised from a Gofundme account after Sulcer passed away. She explains Allison wanted to hold the money in a trust fund for 3-year-old Jordyn.

In this case, Shipley needs to prove the father is an unfit parent who would impair physical health or emotional development of the child.

McEachern said he does not believe Shipley will be able to prove Falade is an unfit parent.

Falade told 12news he is not concerned about money but is more interested in spending time with his daughter.

"I don’t care about whatever money is out there for her. I don’t care, all I want is the love, I want to share it with my child,” said Falade.

Sulcer's family did not wish to make a comment but Allison told 12news earlier she believes it’s in god’s hands and everything will work out.

The hearing will take place tomorrow morning at 9 a.m. in Judge Randy Shelton's court.