BALTIMORE, Maryland – WMAR-2 News has learned that the father of 6-year-old Brian Graham, who died in Baltimore last week after allegedly being abused by his mother and her fiancé, had been fighting for sole custody of his son.

The 6-year-old was found unconscious in a tub of hot water in a Greenspring Avenue apartment building late Wednesday night. He was taken to the hospital, where he later died. The medical examiner ruled the death a blunt force homicide. Brian suffered internal bleeding in his head and upper body, a ruptured liver and several broken ribs. His mother, 34-year-old Jalesia Offer, and her partner, 34-year-old Brandon Wheatley, were charged with first-degree child abuse resulting in death.

According to documents obtained by WMAR-2 News, Charles Graham filed a petition for sole custody in January 2024 and requested an emergency hearing in Charles County District Court.

Graham explained his decision in the petition as follows: “He is afraid to go home to his mother. He currently has a temporary protective order in place for abuse and his mother keeps putting him in dangerous situations. I am the parent who can best protect him. He offered to allow Brian’s mother to have supervised visitation every other weekend.”

The request for an emergency hearing was denied by a Charles County judge.

As the court proceedings continued, the court ordered that both parents attend a co-parenting seminar “designed to help parents keep their children out of the separation and help them adjust to the reality of separation,” etc.

In a counterclaim, Offer’s attorney wrote: “Defendant has been the primary caregiver of her child since birth and the minor child has resided with her since birth. Defendant is a suitable person to have sole custody and sole legal care of the minor child (…) Defendant is currently employed and has sufficient income to reasonably support and care for the parties’ minor child and herself (…) It is in the best interest of the minor child that the minor child reside with Defendant, who is willing to provide reasonable care for him or her.”

The final hearing was held virtually on August 16. Offer’s attorney requested an in-person hearing, which was granted and scheduled for August 27. Brian passed away on August 21.

In a document filed with the court on August 25, Offer’s attorney, David Williams, informs the judge: “Please be advised that the parties’ child has died. Neither I nor my client will appear at the hearing scheduled for 1:00 p.m. on August 27 (…) I am currently filing to dismiss the complaint.”

The case was dismissed. Brian’s 8-year-old brother, who Baltimore City investigators said also showed signs of possible abuse, was taken into custody by Child Protective Services.

On behalf of his client, attorney David Williams tells WMAR-2 News: “The custody battle is over. She has always been the primary caregiver of the minor child and has been committed to his best interests.”

A spokesman for the Maryland Department of Human Services, which oversees child protective services, declined to comment.