Luz Eberly, of Bridgeport, says she is heartbroken four days after coming home to an empty house where she expected to find her 6-year-old son Luke.
"I need my family. My house is so empty. There is so much silence," said Eberly.
Eberly says Luke and her 23-year-old daughter, Wilnelia Casillas, are both believed to be with Luke's dad, whom she says was stopped by police in Texas Thursday as a result of the
Silver Alert. She says they told her Luke and his sister appeared to be safe and in good health but were not detained by authorities because there was no court order in effect because police had issued a Silver Alert as opposed to an amber alert.
"Because it's a Silver Alert, it doesn't have the level of urgency, they let them go," said Eberly.
Court documents obtained by News 12 Connecticut say Eberly has requested Luke be immediately returned to her custody and the court has ordered a hearing scheduled for May 22 in Bridgeport.
Westport probate judge Lisa Wexler says while she's not allowed to comment on any specific case, she can explain relevant points of law in general terms.
"The standard for a parent to obtain immediate physical custody of their child is a judge has to find by very strong evidence that there is imminent -- right away -- immediate danger of physical or psychological harm," said Wexler.
She says judges typically want to hear from both sides, so if -- as in this case -- a parent requests an ex parte hearing, which means one side, the judge will generally schedule an immediate hearing to allow both sides to speak.
"I'm begging anybody that knows anything, please help," said Eberly.
As she waits for her day in court, Eberly made a direct appeal to her estranged husband.
"I care about you, and I care about the kids. You guys are my family. Please come back," Eberly pleaded.