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Charges Dropped Against Woman Accused Of Hiding Child From Mother

MIAMI (CBSMiami) – Criminal charges have been dropped against a South Florida man and his mother who were accused of hiding his daughter from her mother.

During a hearing Monday, a judge dismissed interfering with custody charges against Samuel Montes and Zoraida Miller. While Miller, 47, was able to walk out of the court room, her 22-year old son was returned to jail on an immigration hold. The family's attorney Michael Grieco said he expects Montes' daughter, three year old Angelina, will be reunited with him in the coming days once the immigration issue is worked out.

According to investigators, in March 2011 the girl's mother Vanessa Churon filed a missing persons report on her daughter before she left for Venezuela to give birth to her second child. She is still there and it is unknown if, or when, she'll return.

Montes was arrested in February in Pensacola and brought back to Miami-Dade.

Last month, Miller was arrested when she produced a healthy and happy Angelina in court to show that she was not 'missing' and was in fact being well taken care of.

Miami-Dade Circuit Judge Cindy Lederman ordered a DCF protection team to do a 'home study' of the Miller residence. 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 and Judge Lederman granted the Miller's temporary custody.

There are two different stories as to who has custody of the little girl. At the time Angelina disappeared, her mother claims she had custody. Grieco claims Angelina had been living with her grandparents the whole time she listed as 'missing' because they in fact had custody.

Grieco said once Montes is freed, they hope to address the custody issue in family court, not criminal court, where this type of case belongs.

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