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BUFFALO, NY - The mother of a slain 5-year-old boy, who died allegedly at the hands of her boyfriend, now wants custody of her 12-week old daughter.

Nora Brooks, 26, gave birth in October and immediately, the county had the baby placed in foster care.

The baby is in a foster home with relatives. Brooks' attorney Peter Vasilion confirmed for 2 On Your Side that his client wants to get custody of her daughter. "With the father of this child incarcerated and likely to be for a long time, Nora is really the only parental resource that this infant has so, it would be full custody in a legal sense" that she is seeking.

Brooks' boyfriend, Matthew Kuzdzal, the father of the infant, is in jail. Police say he physically and sexually abused Eain Brooks. The five-year-old boy died in September while his mother was nine-months pregnant.

Vasilion says the mother has been taking grief counseling, trauma counseling, and parent education courses.

She does have supervised visits with the baby at the foster home and in her home.

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