Carruth, being held without bond on first-degree murder and related charges for his alleged role in the death of Adams, was in the court for the hearing before Judge Yvonne Evans. Neither Carruth nor his mother, Theodry Carruth, sought custody of the child, Chancellor Lee Adams.

"We feel it's a very supportive family, a good family," Carruth's lawyer, Kenneth Spaulding, said. "Mr. Carruth, based on his current status and location, could not maintain custody of Chancellor."

Evans put off a decision on awarding permanent custody to Saundra Adams pending the results of a paternity test. The judge scheduled another hearing on the matter for Dec. 30.

Authorities said Rae Carruth, a former Carolina Panthers wide receiver, is the father of Chancellor Adams. Carruth and three other men have been charged with a Nov. 16 drive-by shooting that wounded Cherica Adams and prompted the emergency delivery of her son, who was 10 weeks short of full term.

"Rae indicates his innocence, and will be pleading not guilty," Spaulding said. "We feel like the residents of Mecklenburg County are going to give him a chance to be heard."

Chancellor Adams remains hospitalized but has been upgraded to fair condition. His mother died Dec. 14.

Saundra Adams was granted emergency custody of her grandson on the day her daughter died, and Evans scheduled a hearing Wednesday on the woman's bid to make the custody agreement permanent.

"We are ready to move forward and start building a life for Chancellor when he is ready to come out of the hospital," Saundra Adams' lawyer, Jay Ferguson, said after the hearing.

Spaulding is part of a new team of lawyers hired after Carruth fired George Laughrun and Harold Bender. Lawyer David Rudolf, who was present in court Wednesday, also is joining Carruth's defense.