Judge Economy expected this case to be wrapped up by now, after a distant cousin of the Caswells came forward three weeks ago, offering to adopt Matthew Caswell II.
Now a law is keeping that from happening: "The Department of Human Services has a policy that says you must be related to the family, and apparently after their research was done, they found that she was not related."
Since that option is now off the table, Casey and Matthew Caswell say they will continue their fight to regain custody of their 8-month-old son.
"They found themselves with a decision, an option, that just wasn't workable," Attorney for the Caswells, William Campbell says the couple was prepared to turn down the relative's offer for adoption, even if the request was given the okay by DHS.
"They're trying ... they really love this baby ... and they'd be excellent parents."
Until the couple goes before Judge Economy again, they will have supervised visits with the baby twice a week.
Since the Caswells first went before Judge Economy in July, they've found somewhere to live and Matthew got a part-time job.
We'll let you know when a decision is reached.