HOUSTON — Brazilian grandparents Carlos and Jemima Guimaraes are now out of prison after serving their sentences for their role in the kidnapping of their grandson Nicolas Brann. 

The couple was back in court Tuesday, this time at the civil courthouse. They didn't want to answer any questions. 

The couple is suing their ex son-in-law Dr. Christopher Brann for perjury, fraud and slander. They accuse Brann of lying and going after them after their daughter, Marcelle Guimaraes, took her son Nico to Brazil and never returned. 

She claimed she was escaping domestic violence.

Carlos and Jemima served three month and one month prison terms respectively after a federal jury found them guilty of helping their daughter keep Nico in Brazil. 

Brann's attorney, Alan Daughtry, tried to have Judge Debra Davis dismiss the civil suit against Dr. Brann, but the judge ruled the lawsuit can move forward. 

The grandparents are happy to be out of prison and thankful the civil case against their ex son-in-law can move forward.

"They're elated that they're no longer in federal prison," said attorney Jeff Diamant. "But how can one survive the experience and trauma they've been through? Treated like common criminals, taken from an airplane, put in federal holding cells, having to stand trial, all the time while being from home, and then actually having to go to prison. I don't know how good you can be after all that."

Daughtry says they aren't happy with the judge's decision. They plan to appeal it. Ultimately, he says his client wants none of this. He only wants his son back. 

"He loves Nico," said Daughtry. "He just wants to have Nico. And no matter what happened today, that issue is still not being resolved."

Marcelle Guimaraes remains in Brazil with Nico and has no plans of returning to the United States. She would face International kidnapping charges if she returned. 

As for the grandparents, they are out of prison, but do remain on probation for a year. They cannot return home to Brazil until their probation ends.