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Should Mindy McCready Have Custody of Son?

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    Debate over fate of country singer

  • Duration 5:55
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Popular country singer who violated a court order by running off with her five year old son is back in court today.

Three days after cops found the two of them hiding in a closet.

Of an otherwise empty house in Arkansas.

You -- called a singer Mindy McCready reportedly took her son Zander away from her father's Florida home last week.

Police and US marshals say they finally found them in the closet of her boyfriend summer home about fifty miles outside Little Rock, Arkansas on Friday night.

Child welfare officials say Zander the little boy is now in Foster care where he's safe and healthy.

Now Mindy McCready is half brother tells ABC news she has -- been completely honest.

Don't understand down.

That many gets away with telling all these lies and then she goes and does something like that I don't understand how she can get away with it.

Keep in mind she's also face domestic abuse and drug charges since topping the country charts back in the 1990s.

Or Gregg Jarrett is the New York City this afternoon Greg it's my understanding that a judge is now gonna make a decision on what happens to this chart.

That's right -- he'll probably send a little boy back to Florida because there's an outstanding court order for his return there but McCready right now.

Still inside -- Arkansas courtroom and has been for several hours.

But we can't tell you what's happening there -- -- juvenile cases they're close to the public and the media to protect the miners now McCready took Zander without permission.

And could be charged with parental abduction even though she may have felt justified.

Because she claims her son in her half brother Scott you just saw.

Have both been abused by Sanders grandmother an accusation she vehemently denies as well -- -- stepfather.

Many has said we've been abused her child and Scott.

And he's right here he's you can tell he's never going to be -- Just hours ago we talked -- grandmother -- laying.

Who told us she does not want -- -- she believes her daughter has trouble processing things but.

Hopes this will be a wake up call to make a better life for herself Zander.

And her soon to be born babies McCready is seven months pregnant with twins now.

If the grandmother does not want to press charges in Florida it is possible that Florida judge could go easy on McCready especially given.

Her emotional troubles -- what what about getting custody back is that a possibility here -- It is -- -- a pretty has a history of course of severe depression -- reported suicide attempt to rehab -- If she were to seek professional help and emerge successfully.

She could regain custody and that's what -- -- father wants.

Bless the child where he wants to be what worries had to be a -- where he.

Where he's the most comfortable with -- is with his mom.

Well indeed the legal standard in Florida as well as other jurisdictions is this what is in the best interest of the child.

And judges for the most part tend to favor biological parents in answering that question -- -- Jarrett in the newsroom great thanks to take the lawyers now.

Books Arthur -- dollars the former (%expletive) is a former.

Prosecutor and Fox News contributor.

And Randy -- is a criminal defense attorney.

So the facts here as ice have you ever read them indicate that the court had ordered that the child be in someone else's custody.

That according to the rules as laid out by the court Mindy McCready stole the child.

And now there's the possibility at least that she might get custody back part of that that's weird.

Then what's so sad is -- And you brought it up on Friday when you whether they wouldn't -- she's yet the child in the deed and his five year old kid those beautiful pictures.

He's in a closet with his mom and law enforcement authorities so open up the closet and -- -- and a half.

And pull them out -- -- the emotional damage that's done to that child and you heard what Greg -- is the the standard the best interest of the child.

Not even read these -- could make it up Cogent arguments.

That that was in the best interest of the child being pulled out of a closet by law enforced when your in the hard with your mom no way and that's tragic.

Watch me.

In all seriousness but what we are seeing right now.

We're seeing hope.

We're seeing a mother who I thought said the right thing.

A father who said the right think that this child.

Belongs with her mother.

-- -- we've seen a judge.

Who has been very Solomon like he has not dropped the hammer down on Mindy McCready in Florida in fact he's come out and said listen I'm only dealing right now.

-- -- -- -- -- -- -- -- -- I'm not dealing with anything else -- just maybe this will be a wake up call the criminal justice system is on trial right now.

And common sense will prevail she doesn't get locked up gets an opportunity to get it to get her act together and she gets a child back so what.

What message I'm just curious would that -- if if a court has made -- -- someone violates the order.

With a child's life in the balance -- child in the balance there.

And then you get preferential treatment after you've done that sometimes.

We mistake.

Kindness.

For weakness I don't think the judge showing weakness here I think and judges showing restraint -- I think he's showing restraint and I don't think it's sending a message that.

People get get breaks I think the message that's being sent is that the law has breath -- it that it's alive and that we can be flexible use common sense to say.

What good is going to be done locking this woman not okay and what good was done that five year old by having the cultural whoever whatever -- important -- Pulled him out of -- closet hiding with his mother none except this volume -- like he's five.

He'll remember that she disobeyed the law public citizen of the jail for thirty years and you -- Which I -- and I.

Have -- locked out of grandmother was abusing him which is what how to claim -- she's pregnant -- way she severe depressive she's had a good strong history of -- drugs until everyone sorts out the -- is a this woman should follow the law leave -- -- religion the judge is gonna make a decision and we'll update you on what that decision is.

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