Attorneys on both sides of the temporary custody battle over hundreds of children seized by the state kept busy over Memorial Day weekend. Both sides rushed to get in the final word to the Texas Supreme Court, which is expected to rule on whether the children must return to their parents as the investigation of abuse at their ranch continues. They are members of the Fundamentalist Latter Day Saints, a polygamist sect residing in West Texas.

Texas Child Protective Services removed more than 400 children in early April, in response to an anonymous call citing sexual abuse. The Third Court of Appeals ruled last week the state was wrong to remove the children, saying CPS failed to prove the children were in imminent danger.

"The law is clear, that there has to be evidence of abuse. And right now there is no evidence, and that's what the Court of Appeals said," said Amy Warr, an appellate attorney working on behalf of FLDS mothers.

The state responded late Friday, appealing to the Texas Supreme Court. In its filings, lawyers for CPS argued the appellate court "abused its discretion" and that a substantial risk of danger to the children exists. In an additional filing on Tuesday, Texas argued the families are a flight risk if the children are returned. CPS declined an on-camera interview.

"There's no reason for concern there," said Warr. She said the lower court could order the families to stay in Texas as the investigation continues.

The Supreme Court is not expected to weigh in by close of business Tuesday, but a decision could come as early as Wednesday.