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CALERA, Okla. — A local soldier is fighting to keep his son at home with his family while he is currently deployed overseas.

“He feels hopeless,” Sara Solis said.

Richard Solis is currently fighting for his country in Afghanistan, but his biggest battle is back home in Calera, Oklahoma.

“You shouldn’t have to worry about performing a duty and then losing your child,” said Sara Solis, Richard’s wife.

A judge awarded Richard Solis’ ex-wife temporary custody of their son while he is deployed in Afghanistan.

Sara Solis says that she and her husband have primary custody of the child, adding that the biological mother’s past is the reason she lost custody of him years ago.

“We had Austin since he was two years old,” said Solis.

After the judge’s order, Richard Solis created a social media post thousands of miles away, asking for justice for his son.

“We’re going to fight to make this right,” said Sara Solis.

Solis said she hasn’t seen or talked to her stepson since Thursday. His Christmas gifts still wait for him under the tree, and she said they’ll stay there until they get him back.

“Our lawyers have already started the appeal process and we will be going to the Supreme Court to ask for the justice we deserve,” Solis said.

The appeal argues the court refused to uphold a state law that allows service members to designate another person, like a step parent, temporary custody and visitation rights during deployment.

“Just because we’re not biological parents doesn’t mean we don’t deserve to raise kids just because our husbands or wives are serving the country,” Sara Solis said.

News 4 reached out the attorneys for the biological mother, but they chose not to comment for the best interest of the child.