SAN ANTONIO -

An Alamo Heights father accused of harming his newborn son was out on bond Thursday afternoon.

Ryan Schwope, 37, was arrested Wednesday and charged with injury to a child.

However, the family of the baby filed a lawsuit against the Texas Department of Family and Protective Services, which is still pending.

According to police, on Nov. 12, 2013, a nanny noticed that there was something wrong with the 2-month-old baby she was caring for, so she called the baby's mother, who had her take the baby to a neighbor, a pediatrician.

That neighbor determined the baby was suffering from a seizure.

The affidavit states that the baby was transported to Methodist Children's Hospital where doctors determined he had suffered an injury to his brain as well as retinal bleeding.

Alamo Heights police said Schwope is their only suspect and upon the conclusion of their investigation on Wednesday, they filed a warrant for his arrest.

However, according to court documents, Schwope filed a lawsuit against the Department of Family and Protective Services.

And in a hearing on Dec. 20, 2013, a judge denied a motion by the department to take the baby and Schwope's other son, who is 3 years old, into custody. In the judge's notes, it was stated that Schwope may return home with the children under supervision.