She lives with her grandparents in a Florida retirement community, and that is where the problems begin.

The community's bylaws clearly state residents have to be at least 55 years or older. The homeowners association expects an order from the judge any day now that would force the 6-year-old out.

"I believe that they should go. They should find somewhere else to live," an unidentified member of the community said.

Leland Wheeler, the Lakes Homeowners Association president, says he won't force the family to leave - the sheriff will.

"I'll be merely the president of the board who is trying to enforce the policies of our association that she agreed to when she moved in," Wheeler said.

This debate has actually been going on for five years. By the time Kimberly's grandparents accepted that it would be best to move, the housing market had crashed. They were asking $225,000 for their house. They've lowered it to $129,000, but there are still no buyers.

"No, we do not want to remain here. We want to leave. We want to move out of here. As soon as I can sell this house," Jimmy Stottler, Kimberly's grandfather, said.

Because the 6-year-old's mother has a chronic drug problem, she lost custody of her child more than four years ago.

Now, because of the community's rules, state welfare workers could take Kimberly out of Judie and Jimmy Stottler's home and put her in foster care until the house sells.

"Why would you go and split this family up if the goal is to reunify them anyway? Does that mean, well if Judie and Jimmy never sell their home or don't sell it for five years, that the best solution would be to have Kimberly with people she doesn't know?" Robert Eckard, the Stottler family attorney, said.

"I can't imagine not having her, and like I said, that's not an option anyway. She's our little girl. We're the only parents that she knows and the only parents that she's gonna know," Judie Stottler said.

On the legal side, all do agree that technically Kimberly is violating the HOA rules.