updated 4/27/2010 5:28:56 PM ET 2010-04-27T21:28:56

A family court judge has ruled that a toddler abandoned at St. Patrick's Cathedral in New York City will return to Florida in the care of child services — not with his grandparents.

Judge Jody Adams said Tuesday that more investigating must be done into who should have custody of Nathaniel Fons.

The boy's paternal grandparents are in New York seeking custody, but his maternal grandmother also said she would take him. He has been in foster care in New York since last Tuesday when he was found by guards alone at the cathedral.

His parents are both in jail on separate charges. His mother was arrested last week on counterfeit charges and a couple she had been traveling with is accused of ditching him at the cathedral.

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