The father of a missing Fitchburg boy was in court on Friday fighting for the rights to keep his two other children, currently in state care.

Jose Oliver appeared in juvenile court at Fitchburg District Court for a hearing that might give him custody of his two children.

The hearing happened behind closed doors and only lasted a few minutes. Oliver couldn’t comment on the hearing since it was a juvenile matter.

Five-year-old Jeremiah Oliver was reported missing in December, but hasn’t been seen since September.

There will be another search Saturday morning, even though police presume the boy is dead.

When asked if he believes if his son is alive or not, Oliver responded: “I don’t know. I mean, one part of me says he is and one part of me says he’s not.”

The custody battle comes a week after Oliver was arrested on drug charges in New Britain, Conn. after allegedly selling 30 bags of heroin to an undercover police officer.

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