Off The Record
My Aunt Battled For Custody Of My Brother — But I Discovered The Real Reason Behind It
I became an adult the day after I buried my parents. Someone attempted to take the only family I had left, not because I turned eighteen. And I had no intention of allowing that to occur.
I never anticipated that, at the age of 18, I would have to deal with the most difficult part of my life: the burial of both of my parents, leaving me to raise my six-year-old brother Max, who still believed that Mommy was simply on a lengthy vacation.
Even worse, it was my birthday on the day of the funeral.
“Happy 18th” was said as though it had significance.
It didn’t.
Cake wasn’t what I wanted. Gifts weren’t what I wanted. Max kept asking, “When’s Mommy coming back?” and I just wanted him to stop.
I knelt at the grave and muttered to him, “I won’t let anyone take you,” while we were still dressed in black. Never.
However, I suppose that plan wasn’t accepted by everyone.
Aunt Diane gave me a mug of cocoa that I hadn’t requested and stated, “It’s for the best, Ryan,” in a tone of phoney concern. We were invited more than a week after the funeral by her and Uncle Gary. We took a seat at their ideal kitchen table. They both made sympathy expressions at me as Max played with his dinosaur stickers.

Diane touched my arm and whispered, “You’re still a kid,” as if we were pals. “You’re unemployed. You continue to attend school. Max needs a routine, direction, and a house.”
Uncle Gary said, “A real home,” as if they had practiced the phrase.
I chewed the inside of my cheek until it bled as I looked at them. For three consecutive years, these same individuals failed to remember Max’s birthday. They were the same people that skipped Thanksgiving due to a “cruise.”
And they wanted to have children now?
I learnt that they had petitioned for custody the following morning. I realised then that this wasn’t a problem.
This was a tactic. And I had a gut feeling that something wasn’t right. Diane adored Max, which is why she didn’t want him.
There was another reason she wanted him.
And I was going to discover what. I would not allow them to prevail.
I entered the college office and withdrew the day after Diane petitioned for custody. I was asked if I was certain. Before they could finish the phrase, I said “yes.” Learning could wait. My brother was unable to.
I took on two jobs. Throughout the day, I was the person that would arrive with bags of food and always have a smile on my face, regardless of how unpleasant the client was. Ironically, I cleaned law offices at night while preparing for my own legal struggle.
We left the house where we were raised. I was no longer able to afford it. Rather, Max and I crammed ourselves into a tiny studio apartment that smelt like stale takeaway and floor cleaner. One wall was touched by the futon, and the other by the mattress. Max grinned in spite of everything, though.
One night, he wrapped a blanket around himself like a burrito and observed, “This place is tiny but warm.” “It smells like pizza… and home.”
I nearly broke when I heard those words. However, they also sustained me. I submitted the legal guardianship paperwork. I was aware of my youth. I was aware of the odds. However, I also knew Max needed me, so that had to be a factor.
Then one morning everything went to hell.
“She’s lying.” I stared at the Child Services report in my hands while I remained motionless in the living room.
“She said what?” With a hollow voice, I whispered.
The social worker avoided making eye contact with me. “She says you don’t bother Max. that you yell at him. because you’ve struck him a number of times.”
I was unable to think or speak. Max’s face was all I could see, the way he cuddled up against me during thunderstorms and how he laughed when I made ridiculous voices. He would never be harmed by me.
However, Diane had sowed doubt. And uncertainty can be harmful.
She failed to account for our neighbour, Ms. Harper, a retired third-grade teacher who kept an eye on Max while I worked double shifts. Wearing a pearl necklace that sparkled like armour and holding a manila envelope, she strode into court as if she owned the place.
“That boy is raising his brother with more love than most parents give their kids in a lifetime,” she remarked, looking directly at me.
Then she narrowed her eyes and turned to face the judge, saying, “And I’d like to see anyone try to say otherwise.”
Although it was difficult to win in court, Ms. Harper’s evidence provided us with a lifeline. Diane was given supervised visits instead of permanent custody, as agreed by the judge. Although it wasn’t a complete victory, it was sufficient to breathe once again.
I had to drop Max off at Diane’s house every Wednesday and Saturday. Every time, it made my stomach turn, but I didn’t want to give them another reason to question me, so the court ordered it.

I arrived a bit early than normal one Wednesday night. It was too quiet in the house. When Diane pretended to be human, she always had that tight smile on her face when she answered the door.
Max came running to me with tears streaming down his face and blotchy cheeks.
Whispering, “She said if I don’t call her Mommy, I won’t get dessert,” he held onto my jacket as if it were his lifeline.
I bent over and combed his hair back. “You never have to call anyone Mommy but Mom,” I said to him. His lip trembled as he nodded.
After putting him to bed later that evening, I went outside to remove the rubbish. I didn’t intend to listen in. However, I heard Diane’s voice, sharp, arrogant and resonating from a speakerphone as I passed the side of the building close to her kitchen window.
“Gary, we have to move more quickly. The authorities will distribute the trust fund as soon as we are placed under custody.”
I went cold.
A trust fund? Max has a trust fund, which I was unaware of.
I hurried back inside and dug for half the night after waiting until the queue went dead. As I read the materials, my hands began to shake. Prior to their tragedy, our parents established a $200,000 fund for Max’s life, college, and future.
Diane also desired it.
I returned the following evening. Same window, same location. I pressed record on my phone this time. Gary’s voice came through. “We can send Max to boarding school or whatever once the funds arrive in our account. He can be challenging.”
Then I heard Diane giggle, which made my skin crawl. “All I want is a new vehicle. and perhaps that trip to Hawaii.”
With my heart thumping like a drum in my ears, I halted the recording.
I sent it to my attorney the following morning.
Max looked up from his colouring book when I entered his room after breakfast.
He said, “Is the bad part over?”
For the first time in weeks, I grinned.
“It’s about to be.”
Diane entered the final custody hearing as if she were going to a church picnic. A tin of handmade cookies sat in her hands, her lips stretched into an overly broad smile, and her pearl necklace gleamed. She even made the bailiff an offer.
My attorney and I entered with something a little stronger: the truth.
As my lawyer hit play, the judge, a severe woman man, listened in silence. Like a black cloud slinking through the walls, the sound engulfed the courtroom.
“Gary, we have to move more quickly. The authorities will release the trust fund after we are placed under custody.”
Gary then said, “We can send Max to boarding school or something once the money hits our account.” He can be challenging.
The judge’s expression gradually shifted from courteous to disgusted, like someone switching a dimmer switch. Silence hung in the room like a noose once the recording was over.
The judge finally replied, “You manipulated this court,” in a tone as icy as stone. “And used a child as a pawn for financial gain.”
Diane stopped grinning. Her lipstick appeared to be cracked. Gary’s hands in his lap shook. They were reported for attempted fraud right away in addition to losing the custody dispute. I observed the cookies being silently put aside without being touched.
The judge gave me complete legal guardianship of Max that afternoon. She went on to say that I will be given consideration for housing assistance, citing my “exceptional effort under challenging circumstances.”

Max gripped my hand so tightly outside the courthouse that I was afraid he would never let go.
His voice was calm yet little as he queried, “Are we going home now?”
As usual, I knelt next to him and brushed his hair back. “Yeah,” I replied, barely able to contain my tears. “We’re going home.”
We passed Diane as we descended the stairs. Her mouth was curled into a cruel frown, and her makeup was ruined. She remained silent.
She was not required to.
Two years have passed. In addition to attending online college classes, I work a full-time job. Max is doing well in the second grade. In his own words, I am his “big bro and hero.” We still giggle at bedtime stories gone awry, fight over what movie to watch and live in a small flat together.
I’m not flawless. However, we’re secure. We are at liberty. We are who we are.
Since love cannot be quantified in years or money. In the battle, it is measured.
And when Max said, “You never gave up on me,” while staring at me tonight, I told him what really mattered.
“I will Never.”
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