Man Appears in Court on Charge of Interfering With Child Custody

The 3-year-old girl has not been seen since February 2011, police say

A man who faces a charge of interfering with child custody in connection to his daughter's disappearance was in court Monday, his attorney said.

Samuel Montes, 22, appeared in court and asked the judge to give him bond. The judge didn't immediately rule, his attorney, Michael Grieco, told NBC Miami.

Grieco said his client was charged with interfering with child custody, but is confident that he will be released on bond.

"There is no legal basis to hold my client without bond," Grieco said.

The 3-year-old’s mother, Vanessa Churon, encountered abuse problems with Montes in February 2011, according to Miami-Dade Police. Authorities said that when she tried to leave the home, Montes’ mother prevented her from taking her daughter, who she has custody of.

Churon filed a complaint with the Department of Children and Families, police said. Montes was asked to turn the child over to DCF twice but failed to do so, authorities said.

A missing persons report was filed in March, police said.

Montes was found in Pensacola recently and was arrested on a warrant, Grieco said.

"The whole process of using criminal court to try to circumvent the family court is improper," Grieco told NBC Miami. "I am disappointed in the route that the state attorney took."

It wasn't immediately known who Churon's attorney was.

This story has been updated to correct the spelling of Michael Grieco's name.

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