Nipsey Hussle’s sister, Samantha Smith, has reportedly been denied temporary guardianship of his 7-year-old daughter, Emani Asghedom.

Although Smith says Hussle was the primary caretaker and provider for Emani before his untimely death in March, a judge ruled there was “no urgency demonstrated” for granting her request prior to a hearing set for Tuesday (May 14). According to court documents obtained by The Blast, the judge also ruled Emani’s mother, Tanisha Foster, must be notified of the hearing.

On Tuesday (April 30), TMZ broke the story that Smith filed an emergency order with the L.A. County Superior Court to become the legal guardian of Emani. Sources close to the situation told the site that Smith believes Foster is “unable to care for” her daughter and feels the decision would “ensure the continued stability for Emani and ensure that she will be able to maintain her current and ongoing relationship” with Hussle’s family.

In her request for temporary guardianship, Smith reportedly noted she has “always been a presence in Emani’s life and along with the rest of Emani’s paternal family has assisted in her care.”

In 2013, Hussle and Foster were granted joint custody. Hussle spent the weekends with Emani while Foster took her for the week, The Blast reports. Foster has not filed in opposition to Smith at press time, but, as Complex points out, if she were granted full custody of her daughter, she would have a legal right to funds collected from Hussle’s estate in addition to a say his business dealing until Emani is of age.

Before his passing, Hussle reportedly set up “multiple trust funds” for his kids. Sources close to the rapper and noted philanthropist says he wanted to make sure his daughter and 2-year-old son, Kross, who he shares with actress Lauren London, was well off from the profits he made from his music and his Marathon Clothing store in Los Angeles.