LUBBOCK, Texas — UPDATE: The police chief in Petersburg has confirmed that Nicholas Perez was found safe in San Angelo shortly before 10 a.m. Friday morning.

After the Amber Alert was cancelled, was able to locate court records to indicate the mother did have the right to have custody of the child. was made aware of the Amber Alert early Friday morning and notified the public under the presumption the child was in danger.

Around 11 a.m. Friday morning, learned the mother of Nicholas Perez legally had custody of her son, and did nothing wrong in this situation.

Below is the original story;

The Petersburg Police Department is looking for four-year-old Nicholas Andrew Perez who was last seen in Lubbock on December 2nd wearing a green shirt, blue jeans and white shoes, according to the National Center for Missing and Exploited Children.

Perez is described as a white male about four feet tall, weighing about 45 pounds, has black hair and brown eyes, according to the NCMEC.

Perez was last seen with 21-year-old Marciela Amada Paz who is described as a white female with black hair and brown eyes weighing 228 pounds.

The NCMEC said Paz is believed to be the suspect and is believed to be driving a white early 2000’s model Mitsubishi with an unknown Texas license plate number.

The suspect was last heard from in Lubbock, Texas, said the NCMEC.

Law enforcement officials believe the child is in grave or immediate danger.

Officials said if you have any information, contact the Petersburg Police Department at 806-667-3811. You can also call 9-1-1.

Related story: Amber Alert was hastily sent, child was not in danger police said