>>> HE SAYS IT NEVER SHOULD
HAVE HAPPENED.
THIS DEVASTATED FATHER OF TWO
YOUNG BOY WHOSE WERE KILLED IN
A WRECK IN IN FERN BEACH.
>> FEELING JUST LIKE MY HEART
WAS RIPPED OUT.
I WASN'T REALLY THINKING AT
THAT TIME.
I JUST KIND OF BROKE DOWN.
>>Reporter: AND CHILLING
MESSAGE FROM THE BOY'S MOTHER
WHO WAS THE DRIVER AND WHO
STATE TROOPERS SAY HAD ALCOHOL
IN HER SYSTEM WHEN THE SUV
STRUCK A UTILITY POLE SATURDAY
NIGHT.
>>> BOY'S FATHER ANDREW BIRD
TELLS US HE HAS BEEN IN A
CUSTODY BALLOTS WITH TANYA TELL
FOR YEARS.
>> THE YOUNG DAUGHTER REMAINS
HOSPITALIZED WITH HER INJURIES
FROM THE CRASH.
NOW RIGHT NOW THE COUPLE IS IN
COURT AFTER BIRD FILED AN
EMERGENCY MOTION TO GET CUSTODY
OF THE LITTLE GIRL AND THE
BROTHER REMAINS.
DENISE SPOKE TO BIRD BEFORE THE
HEARING.
DENISE?
>>Reporter: WE HAD A CHANCE TO
TALK WITH ANDREW BIRD.
HE'S DEVASTATED AND TOO
OVERWHELMED BY THE DEATH OF THE
TWO BOYS AND THE INJURIES OF
HIS LITTLE GIRL.
THERE IS A HEARING, EMERGENCY
MOTION WAS FILED BY HIM AND
THAT HEARING IS HAPPENING RIGHT
NOW. OUR VERY OWN ETHAN IS
INSIDE OF NASSAU COUNTY
COURTHOUSE.
NOW THE DOORS ARE LOCK.
WE CAN'T GET INSIDE.
BUT THEY ARE THERE AS THIS
HEARING IS HAPPENING.
NOW THIS EMERGENCY MOTION WAS
FILED YESTERDAY BY THE FATHER
WHO SAYS HE IS DETERMINED IF
POSSIBLE TO GET THE CUSTODY OF
HIS TWO BOYS THAT HAVE PASSED
AWAY SO HE CAN TAKE THEM BACK
UP NORTH TO MICHIGAN AND BURY
THEM THERE.
HE IS ALSO FOCUS ON GETTING THE
CUSTODY OF HIS DAUGHTER NINA
WHO IS STILL IN THE HOSPITAL
SAYING HE WANTS TO HAVE HERB
ABLE TO MOVE FORWARD WITH HER
LIFE IN A VERY PEACEFUL WAY.
NOW EARLIER TODAY WE ALSO GOT A
CHANCE TO TALK WITH ANDREW BIRD
WITH HIS WIFE BY HIS SIDE.
EXPLAINING HOW DEVASTATED HE
WAS ABOUT FINDING OUT THIS NEWS
ACTUALLY A DAY AFTER THE
ACCIDENT HAPPENED AND SAYING
HOW HE MEDLEY RUSHED ALL THE
WAY FROM MICHIGAN TO BE HERE
WITH H CHILDREN.
WORDS NOT IN YOU HAVE TO
EXPRESS ANDREW BIRD'S PAIN.
>> TERRIFYING.
I DON'T HAVE ANY WORD.
JUST THE HURT AND COP FUSED AND
ANGRY.
ITEM LIKE 1 MILLION DIFFERENT
EMOTION ALL WRAPPED UP AND AT
DIFFERENT TIMES AND I CAN'T
REALLY PUT INTO WORD.
>>Reporter: SATURDAY TONIGHT
POLICE SAY TANYA CAP HE'S MAN
WAS DRIVING WITH 7 CHILDREN IN
THE VEHICLE WHEN SHE HIT A
UTILITY POLE.
7 CHILDREN WERE INSIDE
INCLUDING HIS SONS WHO DIE AND
HIS DAUGHTER NINA WHO WAS
HOSPITALIZED.
HE FOUND OUT FROM ONE OF THE
OTHER CHILDREN'S FATHERS.
>> FEELING JUST THE LIKE MY
HEART WAS RIPPED O.
I WASN'T REALLY THINKING AT
THAT TIME.
I JUST KIND OF BROKE DOWN.
>>Reporter: BIRD TOLD US HE
WAS NOT ABLE TO SEE HIS
CHILDREN BECAU HE AND TANYA
HAVE BEEN IN A CUSTODY BATTLE
FOR AT LEAST THE LAST TWO YEAR
FOR AT LEAST THE LAST TWO
YEARS.
THAT BEGAN IN MICHIGAN WHERE
THEY BOTH USED TO LIVE.
HE HAS SINCE GOTEN MARRIED WITH
HIS WIFE BY HIS SIDE BIRD SAYS
HE FINALLY SAW NINA MONDAY
NIGHT.
DAYS AFTER SATURDAY NIGHT'S
ACCIDENT.
>> SHE IS STABLE.
SHE'S UP AND BOUNCING AROUND
AND FULL OF ENERGY.
WE DO HAVE THAT TO BE THANKFUL
FOR.
THE I HAVEN'T HEARD ANYTHING ON
MY BOYS YET.
>>Reporter: NOW HE WAITS TO
SEE HIS TWO LITTLE BOYS THAT HE
WILL PAINFULLY HAVE TO PLAN
FUNERAL ARRANGEMENTS FOR.
>> JUST THE FIRST STEP OF
GETTING AT THE TIME BOYS BACK
TO MICHIGAN AND GETTING NINA
BACK TO MICHIGAN.
MAIN FOCUS IS ON NINA
OBVIOUSLY.
GETTING HER TAKEN CARE OF.
SHE'S GOING TO HAVE A LONG ROAD
AS WELL.
THAT'S THE FIRST STEP.
THEN WE'LL WORK ON THE BEING
THERE FOR THE BOYS.
>>Reporter: ANDREW TOLD ME HE
SAW NINA TODAY IN THE HOSPITAL.
THEY HAD A CHANCE TO SPEND A
LOT OF TIME WITH HER AND SHE IS
DOING OKAY.
SHE HAS BRIGHT SMILE HE'S USED
TO THAT HE LOVES FROM HER.
RIGHT NOW THE OTHER DEVASTATING
STEP HE HAS TO PLAN FUNERAL AND
HE NEVER HAD A CHANCE TO SEE
THEM.
THE FAMILY IN MICHIGAN CREATED
A GO FUND ME PAGE FOR THE
FAMILY FOR NINA AND FOR THE TWO
LITTLE BOYS.
BUT THAT HEARING WE ARE STILL
WAIT TO GO HEAR BACK WHAT WILL