A mother who was arrested after her 3-year-old son was found wandering alone on a Miami street did not appear at a court hearing to determine temporary custody on Thursday.
"Where is the mom?" Judge Maria Sampedro-Iglesia asked.
A Department of Children and Families investigator said in court that he visited Janisleidys Herbello, 24, in jail before she was released Thursday morning and told her about the hearing. But she was a no-show.
The investigator told the judge he did not find her at home on Thursday.
"From the information I have she is currently with a friend,” the investigator said.
Her parents, who were in court, said they didn't know where she was.
VIDEO: Mother of Child Found Wandering Miami Street Alone Arrested
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Herbello's arrest affidavit said she left her 3-year-old son sleeping home alone early Wednesday and went to her friend's house about 30 to 45 minutes away to drink alcohol and smoke marijuana.
When she returned home at about 5 a.m., police were there with the boy who was found wandering alone on W. Flagler Street, in the area of Southwest 32nd Avenue.
Herbello was charged with one count of child neglect, Miami Police said. It was unknown whether she has an attorney.
The boy's father, Livan Valdes, was in court along with his son's maternal grandparents.
“He did want to make it known that he will be seeking custody of his son very shortly,” said an attorney speaking on Valdes' behalf.
VIDEO: Judge Weighs in on Controversial DCF Case
Sampedro-Iglesia wanted to know why he doesn't pay child support when he makes $2,000 a month, and said that was going to change.
For now the maternal grandmother will have custody of the boy and will supervise visits with the father twice a week.
The judge ruled Herbello is to have no contact with her son until she appears in court.
She told the grandmother that if Herbello appears at her home, she needs to call 911 and not allow Herbello to see her son.
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