The father of a 3-year-old girl at the center of a bitter custody battle has posted bond but is being detained on an immigration hold, his attorney said Monday.
Samuel Montes, 22, was approved to post bond at a Nebbia hearing in Miami-Dade Monday, his attorney, Michael Grieco said. The Nebbia hearing was to determine whether the finances used to pay the bond are from a legitimate source.
Earlier this month, Montes had his bond lowered from $250,000 to $15,000 and was ordered under house arrest with an ankle monitor if he posts the bond. He remains behind bars on an immigration hold, which Grieco said he hopes will be lifted soon.
"We're hoping that the feds make the right decision," Grieco said. "We don't want to see the family broken up."
Montes' daughter, Angelina, was reported missing on March 7, 2011, but was finally brought before authorities earlier this month by Montes' parents.
The girl's mother, Vanessa Churon, is in Venezuela. Montes and Churon lived in southwest Miami-Dade County with their young daughter until Churon left in February 2011 due to physical and emotional abuse from Montes, police said. Grieco has denied the abuse claims.
Though Churon has custody of the daughter, Montes’ mother prevented her from taking her with her, Miami-Dade Police said.
A charge of interfering with child custody against Montes was filed eight days after his daughter was reported missing, and he was arrested recently in Pensacola on a warrant.
Grieco said the paternal grandparents have been taking care of the child, and that she was never in any danger and was not harmed. Grieco said the Montes family feared the child would be taken back to Venezuela and said the issue stems from a clash of cultures. He said both parents are of Gypsy descent.
The girl was evaluated by investigators with the Department of Children and Families and allowed to go home with her grandfather. Her grandmother, Zoraida Miller, was also arrested on a charge of interfering with a custody order and later released on $5,000 bond.
Grieco said he hopes the criminal case against Montes will be dropped and that Montes will be reunited with his daughter.
"He's in good spirits, things are moving forward," Grieco said. "All he wants to do is see his daughter."
