Florida Department of Children and Families told The Associated Press
that a missing persons report was filed Tuesday for McCready after she allegedly left the county with her son Zander without permission from the boy's legal guardian, McCready's mother.
McCready was allowed to visit her son Zander at her father's home although, Tuesday, the DCF discovered that she and Zander were not there and the agency was unable to locate them.
The Associated Press
reported that after it was found that two were missing, the DCF asked a Lee County judge for an emergency pickup order and according to Department of Children and Families spokesman Terry Field the judge ruled that McCready must return the boy voluntarily by Thursday, 5 p.m., or an arrest warrant would be issued.
Cape Coral Police department believe McCready has left Lee County. The department also confirmed that officers have been in contact with McCready via skype and say that she knows about the court order and the deadline for her to return the boy.
She is "currently outside of the terms of her family court stipulation" said Cape Coral Police Lt. Tony Sizemore.
The singer and the child's father have been battling for years over custody of the now 5-year-old boy.
On her Facebook page McCready said that she is not missing and posted, "I have been fighting the Florida court system to protect my son, and bring him home,"
McCready has had her share of troubles throughout the years, a life fraught with domestic abuse, drug and DUI arrests as well as a suicide attempt.
In Nashville the singer was hospitalized for an overdose back in 2008 and more recently in Florida.
The 36-year-old McCready has not had custody of her son since 2007. In July of that year she was accused of resisting arrest at her mother's Florida home after a dispute between the two women. McCready served 30 days of the 60 day sentence in jail for violation of probation and lost custody of her son.
In a private Facebook message to The Associated Press
, the singers brother Josh McCready said that his sister was "fine.
The brother wrote, "Mindy is fine and so is Zander. There is nothing to worry about."
McCready's publicist, Kat Atwood released a statement Wednesday saying that McCready denies that she has done anything wrong and said that the two are "safe, healthy and comfortable."
AP is now reporting
that Mindy McCready is in Nashville and says she most likely will not be able to return her son before the judge's deadline due to being nearly 7 months pregnant with twins.