Update Friday, Sept. 03, 2010. According to Matt Andrews, Judge Mason with the Franklin County Juvenile Court issued an emergency stay and Andrews said, "we will have our day in court."
A legal and verbal battle has erupted over adoptive rights of a little boy and the clock is ticking.
Foster/Adoptive parents, Matt and Heather Andrews thought they were adopting Nic, but Franklin County Children Services will place him with out-of-state relatives, one of them elderly.
"If someone doesn't intervene they are going to take our baby in the middle of the night on Saturday," said Matt Andrews.
2 and 1/2 year old Nic, has lived with the Andrews since he was two-days-old. They say from the beginning, they were told by their Caseworkers at Franklin County Children Services they could adopt him.
"We were led from the beginning to believe he would be adopted to us," said Andrews.
But now that doesn't look like what will happen. According to the Andrews, Caseworkers found a blood relative of Nic's in Alabama. The relative was approved as a Adoptive Parent on July 29th and within five weeks, the relative will take custody of Nic.
"That's when our world tuned upside down," said Heather Andrews.
The Andrews say, "they have been told Nic will be picked up at 5:30 am this Saturday morning and put on a plane for Alabama."
"What's really going to be in the best interest of these children and I think that is to be reunited with family members especially when the are siblings and they are all going to be together with relatives," said Eric Fenner, Executive Director of Franklin County Children Services.
According to the Andrews, Nic's blood relatives in Alabama, are a 60-year-old Great-Uncle, living with an 80-year-old Great-Grandmother and they will be Foster/Adoptive parents to Nic and three other kids all under the age of nine. Matt and Heather believe they will find a way to deal with the separation, but worry about Nic.
"I know we will be ok, but will he be ok," said Matt, I don't know if he'll be ok?" replied Heather.
Everyone NBC 4 talked to for this story said, the child's interest must comes first -- but, only time will tell who did the right thing for Nic.
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