SEMINOLE COUNTY, Fla. -- An unusual custody battle is scheduled play out in court Tuesday. Gwen and Tom Lamintina of Oviedo hope a judge will give them temporary custody of their 2-month-old daughter born to a surrogate mother.

The surrogate mother is refusing to give up the baby and she wants the Lamintinas to pay her child support. After two months of fighting to bring their 2-month-old girl home, Tom and Gwen Lamintina hope she will finally be able to sleep in her crib.

"Nobody should ever deprive a father of his right," said Tom Lamintina.

The child's surrogate mother, Stephanie Eckard who lives in Jacksonville, refuses to give up the child. The Lamintinas met Eckard on the Internet and performed the insemination at home using the father's sperm and the surrogate's egg.

The couple then paid Eckard $1,500 before the baby was born. The only problem is that Eckard never signed the surrogacy contract.

The Lamintinas said she is currently demanding insurance and child support for the baby.

"She knew what she wanted to accomplish and, so far, she has accomplished it. She'll have her 15 minutes, but then it is over," said Scott Soloman, the Lamintina's Attorney.

Channel 9 tried repeatedly to contact Stephanie Eckard. Calls were not returned. Her attorney said back in May that in Florida surrogacy is like adoption. The surrogate mother can terminate the agreement within a week after the child's birth.