Mother of Baby Penelope fights to regain custody

SEMINOLE COUNTY, Fla. — Channel 9 has learned more about the progress Baby Penelope's mother is making in her quest to regain custody of her daughter.

Jessica McCreery, 21, caused a nationwide manhunt in May when she took off with her daughter, leaving police to think they were in danger.

In a hearing on Tuesday, McCreery's attorney, Mark O'Mara, updated the court on the progress she's making, and he thinks they'll be reunited soon.

O'Mara said he's confident that during the next hearing, McCreery will be close to getting Penny back.

Raw: McCreery speaks for the first time about baby

Photos: Jessica McCreery, Penelope

Photos of the 7-month-old had family concerned for Penny's safety after she appeared malnourished.

O'Mara said the baby has since put on some weight and is a healthy, "chubby" baby.

"She had no other medical conditions, but now she's fat and chubby, which is perfect," he said.

The search for McCreery and Penny began in May after authorities found a grow house at their Altamonte Springs home and arrested the child's father, David Hogarth.

McCreery fled the state with Penny, fearing the Department of Children and Families was going to take her baby since investigators thought she was malnourished. When McCreery came back to Seminole County with Penny, the child was put into foster care.

"She wants her baby back. She understands that at her age,that she wasn't fully aware about how cautious you have to be with a baby's development, but enough is enough," said O'Mara.

O'Mara said McCreery has passed urine tests and scheduled psychological evaluations, both of which are required to regain custody of her daughter.

Her biggest hurdle, however, could be securing a new place to live, which is also a requirement. O'Mara said Hogarth's pending criminal charges and the case's publicity is making potential landlords hesitant.

"It's frustrating that they would then be in that limbo," he said.

McCreery is allowed to see Penelope a couple times a week. The dependency court hasn't approved Hogarth to see his daughter yet.