KEY POINTS:
Double murder accused Chris Kahui is seeking custody of his surviving child in the event he is found not guilty of killing his twin babies.
Kahui, 23, is standing trial in the High Court at Auckland for the murder of his three-month-old sons Chris and Cru in June 2006.
The twins were taken to Middlemore Hospital with severe head injuries on June 13 and transferred to Auckland's Starship Hospital, where they died on June 18, about 14 hours apart.
Kahui denies killing the babies, and his defence lawyers say someone else, probably the twins' mother, Macsyna King, was responsible.
Kahui initially blamed the boys' older brother, Shane, aged one at the time of their deaths, for the injuries.
However, he now wants Shane returned to his care if he beats the charges, the Sunday News reported today.
Kahui and his parents have engaged family court lawyer Anne Day to win Shane back from the custody of Child Youth and Family.
Shane, now three, is living with a foster family in Gisborne.
Kahui's mother, Gwen Hetaraka, said the family supported his custody bid.
She said Kahui wanted to be self-employed and would open a Chinese restaurant in south Auckland. The family would help Kahui fund the business.
The accused's father, William "Banjo" Kahui, said his son was "born to be a dad".
"I know Chris wants to have more kids and settle down that's what he deserves to have happen for him."
- NZPA