He sat, silent and without expression, as his attorneys argued that allegations Cooper is mentally unstable and unfit to be a parent are mere hearsay and that he should be in charge of his girls. The judge dismissed their motion.
"She's made a decision that it's worth having a hearing. It's an extremely high bar to win a motion to dismiss," Cooper's Lawyer Howard Kurtz said.
Attorneys for Nancy Cooper's family insist Cooper is a danger to his children.
"We are going to try to prove that Brad Cooper was involved in the murder of Nancy Cooper," one of the lawyers for Nancy's family said.
No one has been charged with Nancy's death.
Meanwhile, more information surfaced Monday from Cooper's past --from before he and Nancy even started dating.
An ex-fiancée named Jennifer Windsor Ball filed an affidavit in the case. She says she did so after learning Cooper mentioned her, though by the wrong name, in a video deposition released last week.
Their romantic relationship lasted just over one year between September 1997 to December 1998. In the documents filed she stated that she thinks she is the "Jennifer Wilson" Cooper refers to in his deposition, believing that Cooper intentionally gave lawyers the wrong last name.
Ball claims that throughout the relationship Cooper was emotionally abusive to her and was emotionally detached and mentally cruel --criticizing her weight, even calling her pregnant when she was not.
At the end of their relationship, Ball claims she became fearful for her physical safety and that Cooper began secretly accessing her apartment even after he had moved out.
According the documents, Ball said Cooper's behavior was creepy and that she was so disturbed by it, that she broke her lease agreement and moved away so that she would not have to remain in the same building with him.
The attorneys who represent Nancy's parents and family, say the affidavit speaks for itself.
"Not right now, we'll be back Thursday for the hearing," Rentz family attorney Alice Stubbs said.
Cooper's attorneys were quick to dismiss the new information.
"It doesn't strike me as relevant", one of them told Eyewitness News. "I don't see how this in any way goes to his fitness as a parent."
It will be up to a judge to decide its relevance on Thursday, when she rules in who gets temporary custody of the Coopers' two daughters.
Late Monday afternoon, attorneys for Cooper filed three subpoenas in which they command the Cary Police Department to turn over all the evidence gathered to this point in the Nancy Cooper murder investigation.
They want all hard drives seized as evidence in the case, Cooper's laptop and the Cooper family computers.
They also request any and all video and recordings of any interview conducted with Cooper regarding the murder of Nancy.
The attorneys also seek from Cary Police all notes of interviews, lists of suspects, lists of witnesses, all exculpatory evidence and statements, physical evidence and personal property of Nancy seized in the investigation.
The subpoenas ask for all of this by Tuesday morning at 10 a.m.
It would appear Cooper and his attorneys want to be able to review all of the casework before a temporary custody hearing set for Thursday morning.
Susan Moran with Town of Cary says the town's attorney is reviewing the subpoenas.
"If we have investigative materials from a criminal case subpoenaed, we always refer that to our attorneys," she said.