Missing Boys Found Safe in Texas

The missing brothers from Suwanee who were the subject of a nationwide Amber Alert were found Saturday in Austin, Texas, and their father is in custody, according to media reports.

Myfoxaustin.com reported that Ben Cleary, 9, and Henry Cleary, 7, were safe. Their father, Daniel Cleary of Roswell, was in custody and facing charges, according to Roswell Police.

Austin, Texas, police said a citizen recognized the boys from the alert and notified police at 6:11 p.m. Eastern time that they were at a hotel.

Officers "observed the suspect and the two boys, and recovered the two boys and took the suspect into custody," Austin police Lt. James Nisula.

Daniel Cleary faces a charge of interstate interference with custody, a felony. Roswell Police will discuss with prosecutors whether other charges will be brought.

The boys were reported missing Dec. 23, after their father did not contact their mother the night before, according to custody terms. Earlier reports said they were spotted at a Walmart in Chattanooga.

The boys' mother, Theresa Nash of Suwanee, had spoken to the boys by phone and was en route to get them. She told FOX 5 Atlanta they were "battling each other on their iPads and planning Henry's birthday party."

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