Grandparents In Missing Girl Case Granted Temporary Custody
MIAMI (CBSMiami) – There's a new development in an international custody battle involving a 3-year-old girl who has been living with her paternal grandparents.
And for those grandparents, it's the first step in their battle for custody of Angelina. Her mother, Vanessa Churson, currently has custody. But she is in Venezuela. And her father,
Samuel Montes, is in jail.
At the Children's Courthouse and Juvenile Justice Center in Miami on Monday afternoon, the Department of Children and Families announced it was withdrawing its petition for dependency, after a DCF Child Protection team visited the grandparents' home.
A representative of DCF told Judge Cindy Lederman that the team evaluated the child and found "no evidence of abuse" and found "no environmental hazards" in the home and found that "the child is happy there." DCF announced it had "no grounds" for dependency.
"We're just happy that the right decision was made by DCF and the courts," said the family's attorney Michael Grieco. "It means we longer have to go back to this courthouse, that DCF is taking no further action. They have determined that this child is happy and is safe and we can go further to the next step of custody."
"It's an absolute relief for my clients and I hope we have the same results in family court and criminal court as well," Grieco told CBS4's Peter D'Oench.
The DCF decision was announced as Angelina's father, Samuel, came to court in an orange jump suit and in shackles. He is on an immigration hold and is also being held on $250,000 bond for interfering with custody. That is the same charge filed against Angelina's 47-year-old paternal grandmother, Zoraida Miller, on March 2nd.
Miller is now back with her husband and Angelina at their home. She was accused of stopping Angelina's mother from taking Angelina from her home after the mother and father separated in February of last year.
Angelina has been with the paternal grandparents. Samuel Montes was arrested last month in Pensacola and brought back to Miami-Dade.
Angelina's paternal grandfather told D'Oench he was grateful for the DCF decision.
"Now the situation can go clear ahead with my attorney and we can get my son out of jail," said the grandfather, Jose Montes.
"I feel good that she is home with me, 100 per cent," he said. "For me she is my heart. She is everything to me. I want to get custody. I want to take care of this little girl."
It's not known when Angelina's mother Vanessa Churon will return from Venezuela.
Grieco says she still has custody.
