SPOKANE, Wash. – A Spokane County judge denied a motion to modify the release conditions for a man who is accused of killing a 10-month-old boy he had been babysitting.

Joshua Mobley’s lawyer filed the motion on Wednesday so his client would be able to live at home with his family. According to court documents, Mobley is not allowed to talk to his children or live in his own home due to an order that he have no contact with children.

His lawyer argued in court documents that Mobley’s mother-in-law has had to move into his home to help take care of his three children and plans to stay through the duration of the case. Court documents said she is willing to be in the home and present at all times when Mobley is with his children.

Judge Annette Plese denied the motion on Thursday.

Mobley is charged with second degree murder for the death of Caiden Henry. Mobley is currently out of jail on bond. His case is set to go to trial on June 19.