SEMINOLE COUNTY, Fla.

A vegan mother who had her newborn son taken from her several months ago after he began losing weight has him back

On Wednesday, a Seminole County judge told Sarah Markham that she would get custody of her son Caleb, with the provision that she provide a nutritionist's report within 10 days.

Markham was arrested in June when her son was less than two weeks old. He had lost 10 percent of his body weight. A doctor said Caleb was failing to thrive and told Markham to take her child to a hospital.

Rather than taking the boy to the hospital, Markham wanted to try supplementing breast milk with vegan formula.

"There's no case, there's no abuse, there's no neglect, there's simply a doctor who has been challenged by a mother and he didn't like it," said Bo Markham, Caleb's grandfather.

The judge agreed, throwing out Seminole County Child Protective Services' claim that Sarah Markham was not fit to care for the child.

Attorney Mark O'Mara said he expects the criminal case against the mother to be thrown out as well.

"My hope is that they'll simply dismiss it and not go forward on this at all," said O'Mara.

Caleb stayed with grandparents after being removed from his mother's care and now weighs 17 pounds.

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Vegan mom arrested over unhealthy newborn has son returned to her

Sarah Markham's baby was taken away from her in June because she didn't take her baby to the hospital when he was losing weight She wanted to supply the baby with vegan formula instead of breast milk to see if would help the baby gain any weight before going to the hospital Markham is a Christian Seventh-day Adventist and holistic healing is in her system of beliefs

By Alexandra Klausner for MailOnline

Published: 10:05 EST, 12 November 2014 | Updated: 11:57 EST, 12 November 2014

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A Florida mother is fighting for custody of her son - after he was taken into care by state officials who feared her vegan diet would harm the boy's health.

Sarah Markham of Orlando's baby was taken away from her at the age of 12 days in June after she refused to take her to hospital when he began to lose weight.

Instead, she told police that she wanted to feed her baby a vegan formula.

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Vegan mom fights for custody of son over plan to give him vegan formula

SEMINOLE COUNTY, Fla.

A new mother is fighting for custody of her son, who she hasn't been alone with since he was 12 days old, because of her vegan beliefs. Sarah Markham's baby was taken from her because she opted not to take him to the hospital when he was losing weight. Instead, she told investigators she wanted to try feeding him vegan formula. Now she's fighting to get him back while she faces criminal charges. They've kept a child away from mom, said attorney Mark OMara. My client can only see her child once a week or twice a week because they're requiring the child be out of county. Sarah Markham was arrested in June when her son was less than two weeks old. He had lost 10 percent of his body weight. But instead of taking the boy to the hospital under doctors' orders, Markham wanted to try supplementing breast milk with vegan formula. Markham is a Seventh-day Adventist, according to an arrest report, and holistic healing is in line with her beliefs. Channel 9s Karla Ray asked OMara if it rose to the level of child neglect. Not even close, OMara said. It's absurd. It's a mom trying to do the best she can, acting as a vegan which she has the entire right to do taking care of her child. O'Mara said Markham is only allowed supervised visitation a few times a week at the order of Seminole County Child Protective Services. Markham is set to face a judge on Nov. 12 to fight to regain custody of the now healthy boy while she faces criminal charges. She has done everything they've asked her to do: Mental health evaluations, drug evaluations, parenting classes, everything they've asked her to do she's done and she's done it very well, and yet we have to go to trial on this tomorrow. It's absurd, said O'Mara.

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Vegan mom arrested over unhealthy newborn fights for babys custody

A Seminole County mother wrapped up in a controversy over medical treatment for her child has regained custody of her baby.

Casselberry police charged Sarah Markham with child neglect after she refused to take her newborn, Caleb, to see a doctor in June. She told officers she wanted to pursue a treatment that was based in her faith.

Markham and Josh Cooper, Caleb's father, said Wednesday that they can be a family again. Markham must provide the court with the visit she had with her nutritionist and make a new appointment with the pediatrician.

Caleb is 4 1/2 months old and has been in the care of his grandparents since his mother was arrested for child neglect.

Casselberry police got a locksmith and opened Markham's door after they said the mother refused to answer it. Investigators said she refused to take what doctors called her "dehydrated" newborn to the hospital. Caleb was 12 days old at the time.

According the arrest report, Markham wanted a second opinion and did not believe her son was dehydrated.

As a vegan and Seventh-day Adventist Markham asked the doctor if he had a "vegan" alternative. The child's pediatrician called the Florida abuse hotline.

"It's a travesty. It never should have never happened," said Caleb's grandfather, Bo Markham. "He does all the things that a 4 1/2 month old should be doing and he eats a lot."

Mark O'Mara, Markham's attorney, said he would like to hold the pediatrician to task, Dr. Chaban Carlos, who called the abuse hotline. But the family wants to move on and enjoy spending time with their baby.

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Vegan mom regains custody of infant after abuse allegations

A mother accused of refusing to feed her underweight newborn formula was given back custody of her baby on Wednesday.

Sarah Markham was arrested in August on child neglect charges because she didn't want to feed the baby the formula the doctor gave her, citing her vegan beliefs, according to authorities.

Markham said the formula the doctor recommended to her had animal byproducts and wanted a vegan option.

According to Casselberry police, a pediatrician told Markham that her baby needed to be admitted to Florida Hospital South for treatment because he was dehydrated and was losing weight. She was arrested at her home in August, and the baby was given vegan formula at the hospital.

In a Department of Children and Families hearing on Wednesday, she received custody of her baby, and in a few days, the complaint should be dismissed, according to Markham's attorney, Mark O'Mara.

Markham will be back in court next week on child neglect charges.

"After more than five months of fighting DCF, Sarah can still not be with her child unsupervised," O'Mara wrote in a post on his website. "The babys father put his job in jeopardy to make important court dates. Their lives have been turned upside down, and now we have to focus our attention on defending Sarah against the pending criminal charges. That is disgusting."

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Vegan mom gets back custody of baby, still facing criminal charges

SEMINOLE COUNTY, Fla. (MyFoxBoston.com) A new mother is fighting for custody of her son, who she hasn't been alone with since he was 12 days old because of her vegan beliefs.

Sarah Markham's baby was taken from her because she opted not to take him to the hospital when he was losing weight.

Now she's fighting to get him back while she faces criminal charges.

"They've kept a child away from Mom, said attorney Mark O'Mara. My client can only see her child once a week or twice a week because they're requiring the child be out of county."

Sarah Markham was arrested in June when her son was less than two weeks old. He had lost 10 percent of his body weight.

But instead of taking the boy to the hospital under doctors' orders, Markham wanted to try supplementing breast milk with vegan formula.

Markham is a Seventh-day Adventist, according to an arrest report, and holistic healing is in line with her beliefs.

WFTV's Karla Ray asked O'Mara if it rose to the level of child neglect.

O'Mara said Markham is only allowed supervised visitation a few times a week at the order of Seminole County Child Protective Services.

Markham is set to face a judge on Wednesday to fight to regain custody of the now-healthy boy while she faces criminal charges.

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Vegan mom arrested over unhealthy newborn fighting for custody