AceShowbiz - A judge has refused to grant Mindy McCready's request for a court order to prevent her mother talking to the press. The star, who has a history of alcohol and drug abuse, was reportedly found unconscious at her mum's home in Fort Myers, Florida on Tuesday morning, May 25.

Her mother, Gayle Inge, called for help, suggesting the singer had attempted to commit suicide. The singer's spokesman, Brent Young, has since played down the incident, revealing McCready simply experienced a bad reaction to the pain pills she had been prescribed after breaking her toe on Sunday, May 23.

McCready filed legal papers earlier this week, alleging Inge claimed she had tried to commit suicide in a bid to ruin her chances of gaining custody of her son. McCready's attorney James Moon tells E! News, "The reason we were requesting a gag order against Gayle Inge is really obvious."

"I think she's given five or six stories now. First, it's an overdose, then it's a suicide, then she's retracting those statements. Enough's enough, basically."

But the judge denied the singer's request to issue an emergency gag order against Inge, as well as her bid to swap her mother's custody rights over her four-year-old son Zander to her father, Tim. The judge has kept the option open for an appeal at a later date.

Moon adds, "We kind of expected the judge's ruling to deny both. But we wanted to get the point out to everybody that Mindy's trying to do everything to get her son back and is making great strides. And we wanted to get the point out to everybody that there is a little kid involved here."

McCready lost custody of Zander in 2007 when she was jailed for violating probation after allegedly assaulting her mum in a fight over the singer's drinking and drug addictions. She was given permission to reopen custody proceedings last week.