WARRENTON, N.C. — A couple charged with killing their infant son has regained custody of their 2-year-old daughter even though they still face trial in the baby boy's death.

The news represented a major victory in court for Tony and Adria Barnett, who get back their daughter, Kelsi.

The Department of Social Services stepped in last October after the Barnetts' 5-month old son, Kaleb, died from head injuries. The department gave relatives custody of Kelsi after her parents were arrested on charges of involuntary manslaughter.

After hearing medical evidence in Kaleb's death, judge Gary Ballance ruled there was no evidence that the Barnetts had abused or neglected Kelsi.

The Barnetts' first criminal hearing on charges of involuntary manslaughter could be held later this month at the Warren County Courthouse.