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A judge has denied a request made by Nipsey Hussle’s sister for an emergency order that would have made her temporary guardianship of the late rapper’s eldest daughter, Emani Asghedom.

Hussle and his ex-girlfriend Tanisha Foster share joint custody of Emani. The child spends the week with her mother while Nipsey would have her on the weekends, according to documents obtained by The Blast. Nipsey’s sister, Samantha Smith, claims her brother was Emani’s primary caregiver because Foster is unable to properly care for her child, and this is why Smith was seeking custody following Hussle’s murder.

On Tuesday, Smith filed a petition for legal custody of her niece. The docs state she lived with her brother and his ex for the first half of the little girl’s life and “assisted” with care for the child on a “consistent” basis, New York Daily News reports.

But the judge’s ruling reportedly states: “No urgency demonstrated for granting this relief prior to hearing on May 14th.” Smith indicated in her filing that she did not want to inform Foster of her request, but the judge ruled that she must be given notice of the hearing, Complex reports.

Smith claims her push for temporary guardianship is motivated by her desire “to ensure that she can continue to live with family members with whom she has always had close ties.”

According to several published reports, Hussle’s family also believes Foster cannot provide a stable environment for Emani.

“Emani now requires a legal guardian. Her father is gone,” Smith’s filing in Los Angeles County probate court states.

“Petitioner and the rest of Emani’s paternal family want to ensure the continued stability for Emani and ensure that she will be able to maintain her current and ongoing relationship with (her) paternal family members with whom she is close and upon whom she has always relied,” the petition states.

Smith said guardianship is “necessary” to “ensure” Emani “can continue to live with family members with whom she has always had close ties.”

If granted full custody, Foster would have a legal right to collect money from Nipsey’s estate, per Complex.

Hussle, whose real name was Ermias Asghedom, was fatally shot outside his South Los Angeles clothing store on March 31. The alleged shooter, Eric Holder, has been charged with his murder and the attempted murders of two men who were injured in the attack. He has pleaded not guilty.

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