The custody battle to decide where 2-year-old Nic Andrews will live took a turn Thursday.
Judge Jim Mason with the Franklin County Juvenile Court issued an Emergency Stay Order to keep Nic in Franklin County with his foster family until Sept. 16.
The order stopped an effort that would have sent Nic to live with an out-of-state relative as soon as Saturday.
Matt and Heather Andrews have had physical custody of Nic since he was two days old -- and they want to adopt him. The order blocks Franklin County Children Services from transporting Nic and his siblings to distant relatives in Alabama.
"You don't just take a child from the only family he's ever had and put him with total strangers after a two-and-a-half-day visit, with no transitional period at all," said Matt Andrews.
"If that family for two and a half years has neither been nurtured or the family hasn't chosen to step forward, but they were aware of the circumstances, then the placement of this child with this family and perhaps the only family the child has ever known is what's best for this child," said Rita Soronen, Executive Director for the Dave Thomas Foundation for Adoption.
The Dave Thomas Foundation for Adoption has helped finalize 1,800 adoptions for kids in foster care. According to Soronen, the pendulem on child placement shifts back and forth over time, but it always comes down to what is best for the child.
"Sometimes it's try and find a biological family as quickly as possible and place that child with that family," said Soronen. "But, sometimes in also doing so, we default to extended time-lines for children and bad decision for children," she said.
The Andrews told NBC 4 they have a hearing on September 16 but that until that time they will cherish the time they have with Nic.
Ohio Senator John Husted -- who was himself adopted as a child -- says Ohio law may need some changes when it comes to adoption and foster care. He'd like to see in the best interest of the child, clarified.
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