Mindy McCready‘s son is “safe, healthy and comfortable,” according to a press release from the singer’s publicity team. Previously it was reported that McCready and her 5-year-old boy Zander were missing after the 37-year-old picked him up from her father’s home in Florida. A rep at Music City News Media says that law enforcement officials have spoken to and seen the child via Skype as recently as Tuesday.

A court hearing to decide if Zander could be returned to McCready concluded on Nov. 4, and her publicist says the singer was awaiting an order to decide if she or her mother, Gayle Inge, would be awarded custody.

“Since at least January 2011, Ms. McCready has been desperately advising the court and others involved in the Ft. Myers, Fla. proceedings that Zander is in danger, both physically and emotionally, at Inge’s home. As a direct result of being a mother (not an actress, not a singer), Ms. McCready took action to ensure her son’s safety,” McCready’s rep says.

McCready is currently suing Inge and and the National Enquirer for publishing a story claiming the long-troubled singer was still abusing drugs. While her publicist claims that this is not a missing child case and McCready hasn’t been charged with doing anything illegal, she hasn’t mentioned Thursday’s 5PM ET deadline for McCready to return Zander.

“Mindy appreciates sentiments of interest, thoughts and prayers, and looks forward to a final, truthful resolution,” she says.

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