In Daytona Beach, FL, a custody battle has been raging over who gets to legally adopt a 4 year old boy: his foster parents or his biological second cousins.

The latest volley, reported in the Daytona Beach News Journal, was served by the foster parents, who petitioned to cancel further hearings since the court recently ordered the boy returned to them.

According to the Daytona Beach News, the appellate court held that the trial court, which placed the boy with his biological relatives, had committed legal error when it removed the child from his foster parents without adequate investigation and fact-finding regarding the child’s best interests.

This case is especially sad because this little boy’s home has been up in the air for fully half of this 4 year old’s life.

The case has been chronicled in a special section of the Daytona Beach News Journal.