Monday a judge deciding the custody of /*Brad Cooper*/'s children said an evaluation completed by his psychiatrist is not enough. Cooper must also see a doctor picked by /*Nancy Cooper*/'s parents, Garry and Donna Rentz.
The Rentz's have emergency custody of Nancy and Brad Cooper's two young daughters. But a longer term arrangement for temporary custody must be worked out and the judge wants all the information she can get.
Inside the family courtroom, which was closed to cameras, the Rentz's sat behind their attorneys.
Brad Cooper, however, was not in the courtroom, and the judge did not force him to attend.
His wife, Nancy, was found murdered at a residential construction site near her Cary home in July. That was a couple of days after she was reported missing by her friend.
Since then, investigators have focused on Brad Cooper but have not charged him or even named him as a suspect.
The unsolved status of the criminal case concerns the judge hearing the civil case over short and long-term custody of the Cooper children.
Wake District Court judge Deborah Sasser said, "If no one is charged with this murder before the hearing, I will have to determine if Brad Cooper killed his wife."
Also Monday, Brad Cooper's attorneys tried to fight the request of Nancy's parents for Brad to submit to a psychological evaluation.
His attorney's say he's already been examined and given a dozen tests by a charlotte pyschologist who charged 12-thousand dollars.
Attorneys concerned a second evaluation could cause a delay in the case. "Mr. Cooper is very anxious to get his children back", said Deborah Sandlin, one of brad cooper's attorneys. But the Rentz's, who have emergency temporary custody of their granddaughters, were granted their wish for an independent evaluation as long as they pay for it.