Facing a felony for refusing to return daughter to father on Christmas Eve, police say

EUSTIS, Fla. (TND) — Separation isn't easy, especially when there's a child involved, but police say this case was a willful violation of a custody agreement, and now a girl's mother is facing a felony.

The trouble started on Christmas Eve, of all days.

A police officer in Florida was called to a home at about 7:40 p.m. and according to the father, “The mother of his child, Laquan Charae Gary, did not return their child [name] into his custody on his set time per the child custody order.”

“[The father] said that he gets custody of [the child] on December 24, 2023, at 6 p.m.

The affidavit continued, “[The father] stated that Laquan and him came to an agreement to let [the child] go with [the father] a couple hours early on December 24, 2023, so she could see her grandpa.

“[The father] said Laquan told him that she was unable to drop off their child because she got called into work tonight.”

The father showed officers the “proof of child custody order” and that it was his turn to have custody of their daughter. The affidavit detailed the agreement and the calendar.

Then, “Officers attempted to call Laquan, with negative results. [The father] said he would attempt to get in contact with her later tonight and work it out.”

The officer gave the father contact information, which the father used after about 30 minutes.

“[The father] called back, stating that Laquan would not let him have custody of the child tonight,” the affidavit said.

Three officers showed up and the father showed them text messages, which were transcribed in the affidavit.

The girl's father was trying to reach her mother, and the mother insisted she would not be in contact or turn over their daughter until about noon on Christmas.

Then, authorities said they got verbal confirmation.

“One of the officers was able to call Laquan on [the father’s] phone,” the affidavit said. “Laquan stated that she would not be able to drop off [the child] because she was working.

“[The officer] advised that [the father] stated he would be willing to come and pick [the child] up from Laquan's house.

“Laquan stated that she would not let [the father] come and pick [the child] up.

“[The officer] informed Laquan that she would be violating the child custody order and that a warrant would be issued for her arrest if she did not give [the father] custody of [the child].

“Laquan stated that she would not let [the father] come and pick [the child] up from her house.

“She also told [the officer] to go ahead and file the warrant because she was not going to bring [the child] over.”

The father gave the officers a copy of the custody agreement which was issued in 2020 and signed by a judge.

That was Christmas Eve.

The probable cause affidavit was signed on Feb. 20 and then a bench warrant was issued.

Gary, 31, was arrested on Feb. 28 and charged with interfering with custody of a minor, which is a third-degree felony.

Her bail was set at $5,000 and she was released from jail after just two hours. She’s due back in court on Monday.