OMAHA — The Nebraska Supreme Court will not rehear a case involving a couple’s battle to regain custody of a boy they’re trying to adopt.

The high court ordered in November that the boy be allowed to live with Jason and Angela Vesely of Verdigre.

The Veselys had to give up the child in February because a Knox County district judge ruled the couple should have told the Nebraska Children’s Home Society that Angela was pregnant.

But the high court ruled that the boy should never have been taken from the couple because nothing in the written agreement required them to disclose the pregnancy.

The Nebraska Children’s Home Society filed a motion on Dec. 1, asking the state Supreme Court to rehear the case, but the court has refused.

On Thursday, the adoption agency said it had taken the boy — now 14 months — from his temporary placement with his maternal grandparents so he could be returned to the Veselys.

Through their attorney, the Veselys asked for privacy during the transition.

The couple applied to adopt in 2005, and Jason Vesely has said his wife was more than four months pregnant when the agency assigned the child to them in late 2007.

The birth mother, Megan Lynn Morgan of Sutherland, had requested the boy be placed in a family where he would be an only child and that she wanted an open adoption.

The Veselys had said they planned to tell Morgan that Angela was pregnant, but were waiting because she had miscarried three times previously.

The boy lived with the Veselys from the time he was 4 days old until the Knox County judge ordered him removed in February at the age of 3 months. He was then placed with his maternal grandparents.