Published: Dec 01, 2011 6:38 PM EST

FORT MYERS, Fla.- Mindy McCready has until 5 p.m. today to return her son, Zander, to Lee County.

McCready does not have legal custody of her 5-year-old son, but reportedly took him from her father's house last week.

She has been working with Cape Coral police. McCready has been talking with police via Skype and has told authorities that her son son is safe and comfortable, however Child Protective Services say Zander needs to be back in Lee County.

McCready is violating a court order. She is reportedly in Nashville and says she took her son because he was in danger staying at her mother's home. McCready's mother, Gayle Inge, has legal custody of Zander.

When caseworkers realized McCready left the county with Zander, a missing persons report was filed.