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Ok first of all, let me say that it was not our choice for him to not be a part of his life. Considering the first years he was alive, we had no idea he was not her husband's child. Once he was made aware of this, the child's mother was on her way to rehab. So the child was with her husband, three hours away. Although he was never the legal father, as you so kindly pointed out, that does not change the fact he is the biological father. Im sorry, but in my opinion that means a little more than what a piece of paper says.
After she was released from rehab, she stuck around town for about a month and a half, during which we did see the child on two occasions. But after that, she was back with her husband and we had no communication, as we had no way of getting a phone number for them. Her husband, (who was abusive I might add), would not allow any contact, so until the divorce, we never heard from her.
As far as waiting so long to intervene, we had no idea that he was in foster care. I took her word about him still being with her ex-husband, because I didnt think she would lie about something so serious. So we had no way of discovering this any sooner. She had made promise after promise of bringing him here this past summer to spend time with me and the rest of our family. It never happened, and now we are fully aware of why.
You also pointed out that he does not know us. Did he know the foster parents when he was taken from his home and placed there? No he did not. But you seem to be okay with that. The fact he does not know us does not mean he would feel any less loved or taken care of. You can judge all you want, but I am currently finishing up my bachelor's degree in human services, so he would also have a stable home here. Believe it or not, biological parents are also able to provide just as nicely as foster parents.