I have a situation regarding seeking non-related custody of my biological grandson's half brother. The child turned six on Christmas and has lived with me since April of 2007, without contact from his biological father since June of 2007. The mother was my son's girlfriend and they now have a two year old that I did get custody of due to my son and the mother not being together nor living with me anymore and were proven to be unfit at this time.
The father of the child was found and served with my petition in September of 2009; however, DHR maintained custody placing both children in my care calling me foster grandmother of them both, in August 2009. Although the caseworker knew and felt it was in the best interest of both to remain in my custody, the father wanted custody of his child, probably not wanting to be required to pay support to me, the court determined and took him from my residence and placed him with the father in December 2009. (I am still the supervising person for the mother to come to my home for visitation with both of the children.)
As I have stated, the father had not been in touch with us for over two years, yet after just a few short months and a few visits the court said it was in the best interest of the child. How could being in an environment as unstable as theirs be for his best interest? We are presently filing another petition to revise and restate the issues, however, my main concern as it always has been is the child! Why, what and how do I explain to him that he can only visit "home" now and not live here??

Because to the court,it is normally always in the child's best interest to be with the bio parents if at all possible. And they are very very slow to take away any rights of the bio parents unless they give them up, or it is proven they are unfit.

And his home is now where he lives with his father, you can make it easier for him if you support this idea, as for as he knows. If the bio father knows you are trying to take the child from him, he is much more likely to keep you from future contact of the child

Thanks for your response, however, I disagree with supporting anything but his right to have a place to call home. Everyone has that right no matter their age, but to a 6 year old who barely knows his father due to his father's negligence and his real mother's negligence I will allow and support anyone who wishes to call my home their home as long as they are true to it.. and he most definitely is true and dear to me.. wherever I have a home he and all my other grandchildren will have one as long as they want it or need it.