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ST. PETERSBURG, FL (AP) - The father of country singer Mindy McCready's child says she's pushing her luck with the legal system by not following a judge's order to return the 5-year-old to Florida to the care of McCready's mother.

Billy McKnight told the NBC "Today" show Friday he spoke on the phone with McCready and their boy after the judge's deadline expired Thursday.

McKnight said the boy sounded fine and was not scared or crying.

McCready has had a long custody battle with her mother, who was awarded guardianship in 2007.

McCready took the boy during a recent visit to Florida and a judge signed an order Thursday for authorities to take the boy into custody and return him.

McCready says she is in Tennessee and cannot travel because she's nearly seven months pregnant.

(Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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