It's been a trying month for Manuel Aguero in Dalton.

In May his sister had a baby boy but was declared unfit to be a parent.

He says a department of children services DNA test revealed Aguero's father was the child's father, forcing the courts to charge the man with incest.

It was later revealed the man was living here illegally from Mexico.

"It has been hard. It has been hard economically. We have to get a lawyer to do everything now and it is unnecessary," Aguero says.

After fighting the results of the initial test, a week ago, Aguero received another letter from the state saying his father was cleared of incest but still faces deportation

Aguero claims the most he has received from the mix up is an apology, but no real explanation.

"Sorry doesn't get my dad out of jail or my nephew from Children's services."

Aguero has made several attempts to adopt his nephew but has hit dead ends with the state on every attempt.

"He is my own family. He has my blood. He might not be my son but I was there through the birth and pregnancy. He is like my own little kid."

A spokesperson with the department tells Channel 3 they won't comment directly on the matter, but there are certain policies in place that may be contributing factors as to why Aguero hasn't been selected to be a parent.

He says he's doing what anyone would do to protect his family.

"I feel like us being Hispanic we are very close. Other families aren't as close as us. My whole family almost lives here."

Aguero has hired a lawyer and plans to continue to fight for custody.

His father's court case is this later month.