Morris Brasovankin, 89, and his 86-year-old wife, Mildred, relax at their home in Philadelphia. The two say they are being denied the opportunity to care for their 5-year-old grandson because child welfare officials consider them too old.

PHILADELPHIA — A couple in their late 80s say they are being denied the opportunity to care for their 5-year-old grandson because child welfare officials consider them too old.

Morris Brasovankin, 89, and his 86-year-old wife, Mildred, will head to Family Court today to try to have the boy returned from foster care to their home in northeast Philadelphia.

"Why take him away and put him with strangers when there's family to take care of him?" Mildred said. "He loves us and we love him dearly."

The couple has provided the only stable home for Steven Brasovankin since he was born in November 2001, according to their lawyer, Marc Collazzo.

Steven's mother has been in and out of his life, his father has had inconsistent custody because of financial and emotional difficulties, and the boy has lived with at least two foster families, Collazzo said.

Through it all, the Brasovankins' home has been a sort of safety net, the attorney said.

The latest save came earlier this year after child welfare workers, for reasons Collazzo said are still unclear, took Steven from his father and placed him with his grandparents. The couple said they did everything for the boy, from driving him to medical appointments to enrolling him in school to taking him to the playground.

The Brasovankins wanted their grandson to stay until his father — their son — could regain custody. But a judge ruled in March that Steven could only stay for up to 90 days, then would have to go back to foster care.

No one involved in the case has ever called the Brasovankins "too old," because that could constitute age discrimination, Collazzo said. But he contends there is really no other way to interpret the judge's ruling and the arguments made by the child advocate, who was appointed to represent Steven's interests in court.

"The advocate ... basically said while (the Brasovankins) are loving, caring people, this child's needs just exceed what they can do," Collazzo said.

The child advocate did not return a call for comment.

Steven's behavior didn't help his grandparents' case, the lawyer noted. The boy, who was diagnosed with developmental problems, was rambunctious during the March court hearing, at one point requiring Collazzo to chase and corral him.

"His being excited was used to their detriment, unfortunately," said Collazzo.

Nationwide, about 2.5 million grandparents are responsible for the basic needs of a grandchild living with them, according to U.S. Census figures.

Child welfare experts say age cannot be the only factor in determining the best placement for a dependent child. Other considerations include a caregiver's health, emotional stability, and whether there are support systems and plans for respite.

Relatives are generally preferred over foster families, experts say, but that can be trumped in an effort to give the child a more permanent placement.

The Brasovankins seem to offer such an environment, so the grandparents' ages seem to be the only reason for Steven's foster care placement, said Lynne Gold-Bikin, an attorney specializing in family law.