Dear MIMsters: How Do I Get My Deceased Sister’s Son Back From Her Ex & His Wife?

My immediate older sister got married years back but her husband was seeing another woman which caused constant fights between them. Throughout their years of marriage, the lady was present causing issues until my sis and her hubby separated. Her husband eventually married the side-chick (not legally) and now, they have two kids together. My sister bore a son for the man before their separation.

My sister also remarried, however, her second hubby is a nightmare for any woman. He cheats with anything, even with my sister’s friends. He drinks and keeps late nights to the extent of bringing women into their home. Several of his girlfriends approached my sister, saying her hubby lied to them that she was his sister. One even told her her hubby said she was dead. Despite all these, the man beat her anytime she protested.

While all this was going on, I kept telling her it’s better to leave but my mum and her felt it was her second marriage and it won’t speak well. So, she kept enduring until the shocker came – she contracted HIV from her hubby! After some complications, she fell very sick since January this year and on 9th of September, I lost my darling sister to death. She left behind her two children, including the marriage she died trying to keep.  Her kids are aged 9 (from her first marriage) and age 3 (from the second marriage). I always told her marriage is not a do or die affair once your life is at risk flee – I wish she had listened.

Before she died, she told my mum, her hubby and I that in case she died, her children should be handed over to me. Her wish was carried out but her first hubby came to pick his son the same day we buried her (they had fought over his custody when she was alive).

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We all know there is no way that woman will not maltreat that child. Sadly, my whole family has succumbed to him keeping the child for now. My mum who stays abroad plans taking the children with her to Canada next year, so, she told me we shouldn’t drag with the man so he can allow her take the boy when their papers are ready.

Please, I need advice on the boy’s custody.