Published: Oct 11, 2010 8:32 PM EDT
Updated: Oct 11, 2010 5:33 PM EDT

LEE COUNTY, Fla. - A former Kindergarten teacher is asking to get out of probation two years early.

Michelle Frye was charged with failing to protect her newborn daughter from her husband. Antonio Clark allegedly killed the newborn after he was rough with her.

Frye's lawyers say she will get custody of her surviving child and asked a judge to let her out of probation half way through. Prosecutors don't agree.

The judge wasn't ready to rule on the case.