The parents of Dunwoody daycare murder victim, Rusty Sneiderman, are asking a judge for custody of his children, and leveling serious allegations against their daughter-in-law’s family.

Andrea Sneiderman, was charged with her husband’s murder last week. Their children, a six year old daughter and three year old son, have been living with their mother and her parents since November 2010, when Rusty Sneiderman was gunned down in the parking lot of the Dunwoody Prep preschool, moments after he dropped off his son.

The latest filing from Rusty Sneiderman’s parents accuses Andrea Sneiderman’s parents, Herb and Bonita Greenberg, of denying Dunwoody police access to the Sneiderman home on the evening of the murder, saying they ‘obstructed law enforcement and assisted in the tampering of evidence to cover up [Andrea’s] involvement in the affair.’

The filing also accuses Andrea Sneiderman’s brother, Todd Greenberg, of deleting information from their home computer at his sister’s request.

“There are two ways to get custody: you build yourself up and you knock the other person down. So it’s definitely standard to see some of that ‘knocking down’. If they can prove it, it’s going to be very damaging, I imagine,” said Atlanta Legal Aid attorney Rachel Lazarus, who has no connection to the case.

On Thursday, a grand jury indicted Andrea Sneiderman on eight charges, including murder. Court records allege she had an affair with her boss at GE Energy, Hemy Neuman, and convinced him to kill her husband, providing necessary information to aid in the crime. A jury found Neuman guilty but mentally ill earlier this year and he was given a life sentence.

Marilyn and Don Sneiderman asked a judge for an emergency custody hearing, saying, ‘It is in the best interest of the children to be immediately removed from their current residence with their maternal grandparents.’

In an exclusive interview with WSB-TV in March, Rusty’s father, Don Sneiderman described what happened when Dunwoody Police came to the house the night of the murder.

"Andrea's mother was outside and wouldn't let them in, and I was talking to her father and brother and I said ‘you guys have to let them in, because I would be doing everything I could to help these guys find whoever killed him.’ And if what they think they need is in this house, then let them go search for it," said Don Sneiderman.

Don Sneiderman said he did not realize any significance to that encounter at the time. He did not begin to suspect his daughter-in-law’s involvement in his son’s death, until after her boss was arrested for the murder.

“What the filing talks about is these kids need a change of scenery. They need to get away from the media circus. That’s going to make a huge difference.” Lazarus said after reading the filing at Channel 2’s request.

Lazarus added, "On the other hand, their parents both just got taken away under horrible circumstances. A judge may say ‘I don't want to move them from the only stable situation they know’."

Rusty Sneiderman’s parents live in Cleveland, Ohio.

The judge already decided the children are not subject to immediate harm, so the hearing will be held with normal due process, not on an emergency basis.

“Certainly, who’s been providing day-to-day care is going to be huge. Stability, locality, being near friends in a situation they’re used to, all of that is huge,” Lazarus said, adding that the judge could decide to ask the children for their thoughts.

Prosecutors have not charged Andrea Sneiderman’s parents or brother with any wrongdoing. She has repeatedly denied having an affair with Neuman or having anything to do with her husband’s death.

Attorneys from both sides to comment on the filing. Andrea Sneiderman’s attorneys said they plan to file their response in court in the coming days.