11/30/2011 at 02:15 PM EST
Although the subjects of a missing person's report, Mindy McCready insists that she and her 5-year-old son Zander are safe.
“I am working with lawyers to try to get all this straightened out,” she tells Access Hollywood
. “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.”
Police say that McCready, 36, and her son disappeared after she picked him up from her father's house in Cape Coral, Fla., on Tuesday. The troubled country singer
does not have custody of the child – her parents do – but she does have visitation privileges.
A judge has given McCready until Thursday night to return the child.