(CBS/AP) Mindy McCready says that despite a, she and her 5-year-old son Zander are not missing.
"I am working with lawyers to try to get all this straightened out," she told "Access Hollywood" in an e-mail on Wednesday. "I did not steal my child, as it would be impossible for me to kidnap what already belongs to me! There never was any missing persons report and never an Amber Alert."
McCready wrote in a Facebook post, "I have been fighting the Florida court system to protect my son, and bring him home." She added that she spoke with Cape Coral Police via Skype - something that the agency confirmed.
Her brother, Josh McCready, told The Associated Press in a private Facebook message that his sister was "fine."
"Mindy is fine and so is Zander. There is nothing to worry about," he wrote.
Police say the singer has spoken with Florida authorities and is aware of a court order to return her son by Thursday afternoon.
Cape Coral Police Lt. Tony Sizemore said Wednesday that McCready and her son are not in the Lee County, Fla., area, and that she is "currently outside of the terms of her family court stipulation."
She knows that she is supposed to bring her son back to Lee County by 5 p.m. Thursday, he said.
"The million dollar question is whether she will comply," said Sizemore.
The state Department of Children and Families said a missing person report was filed with Cape Coral police Tuesday night after McCready took her son Zander from her father's home.
McCready doesn't have custody of her son - her mother does - and the singer was allowed to visit the boy at her father's home, according to a department spokesman. On Tuesday, DCF discovered that McCready and the boy were not at her father's home.
DCF spokesman Terry Field told The Associated Press the agency asked a Lee County judge for an emergency pickup order, and the judge ruled McCready must return the boy voluntarily by 5 p.m. Thursday or risk an arrest warrant.
Kat Atwood, McCready's publicist, issued a statement Wednesday saying McCready and her son are "safe, healthy and comfortable," and denies that she has done anything wrong. The statement says McCready has been awaiting a court order on whether she would be awarded custody of her son.
"No Amber Alert has been issued; this is not a missing child case," Atwood said in the statement.