HOUSTON — A federal judge has denied the defense's motion to dismiss the case in which two grandparents are facing international kidnapping and conspiracy charges.

Trail will begin May 7.

Each is out on bond as their kidnapping and conspiracy cases proceed.

READ: Lawyer files motion asking judge to throw out international kidnapping case

The millionaire couple are accused of helping their daughter, Marcelle, kidnap her now-8 year-old son in 2013.

He remains in South America with his mother, who was also indicted.

The Guimaraes’ were arrested when they returned to the states for another grandchild’s birthday.

“My child has been through horrific amounts of emotional trauma because of this,” said father Chris Brann in an earlier interview.

Brann is trying to sort out the custody ordeal with his ex-wife while the court case against his son’s grandparents continues.

“Hopefully, we’ll be one step closer to getting my son back,” said Brann.

He’s currently prevented from visiting his son in Brazil because he could face arrest for allegedly not paying child support.

READ: Father fears he'll never see son again, grandparents face kidnapping charges