MIAMI - (CBS4) - A day after her child was found wandering the streets of Hialeah, a bond court judge sent the child's mother Jessica Pinon home on house arrest.

But her husband, also the 2-year old girl's father, Carlos Oliveras will be staying in a Miami-Dade County jail until he can post the $20,000 bond the judge ordered him held on.

Oliveras and Pinon were also ordered to stay away the girl.

Oliveras argued with the judge Wednesday after he issued the stay-away order.

"But I'm her father," Oliveras said through an interpreter.

"Yeah, and you're accused of having abused her," Judge Antonio Arzola told him.

"I don't abuse her," Oliveras replied.

"That remains to be seen. This is the United States of America and we have a trial by jury," Arzola said.

The two-year-old girl, nicknamed baby Bella, was found wandering the streets at around 9:30 a.m. in the area of West 9th Ave and 74th Street in Hialeah. She was wearing a pink "Bratz" tank top and diapers.

A family member who was staying in the apartment left early in the morning and left the door unlocked, CBS4's Jorge Estevez reported Tuesday. The girl left the apartment complex in Hialeah and was wandering the streets for up to two hours.

Oliveras, 31, was arrested and charged with child abuse and child neglect. Hialeah Police said welts were found on the little girl. The mother of the girl, Pinon, 23, was also arrested.

"They are good parents, sometimes you know kids leave out of the home it happens a lot," said relative Mari Martinez. "They were sleeping, it was an accident."

Police said the abuse only came to light after the girl was found.

Martinez refuted the claim.

"They don't hit their kids, they don't abuse (them)," said Martinez

During a custody hearing Wednesday afternoon a judge ordered that girl, along with the couple's other children, ages one and three, remain in state custody until studies can be done of relatives' homes to determine which one would provide a safe environment.

A doctor who examined the children told the judge they all appeared to be in good shape except Bella who had a bruise on her right thigh which looked like it may have been made from the bottom of a shoe.  He also noted that the girl had scratches on her cheeks, arms and legs as if she had been hit with something.

Police said that Oliveras confirmed to physically striking the child.

"He admits that he disciplined the child who was misbehaving and he may have gone too far with the discipline," said Hialeah police spokesman Carl Zogby said. "As a matter of fact, some of the markings on her body and the welts match the belt that he was wearing so that has been kept as evidence of the crime."

"I know they love the children and it could be an oversight," said Jasmine Rodriguez, the little girls aunt. "They have three which might be a lot of work for them."