Disclaimer: All I own is Jack and any future AUs in this story.

Chapter one- A Not So Happy Birthday

Dave quietly opened the door to his son's room and looked in. He smiled gently at the three little chipmunks that he loved so much. He sighed thinking that today was the day they turned twelve. In only six short years they were going off to college and being adults. Not for the first time he wondered where the time had gone.

His gentle eyes went to Theodore. The youngest had outgrown his baby fat and now only had a slight pudgy belly. He'd become a whiz in the kitchen and more confidant with age. He was still the sweetest and big-hearted chipmunk he'd always been but now he blossomed into a good young man.

Dave's gaze landed on Alvin and he grinned. No doubt this little scoundrel would be the death of him. Although, he had calmed down some he was still just as energetic as ever. Luckily he had found something that he could focus that energy on: basketball. He turned out to be very good at that and it used up the excess energy that was normally used to land him in trouble. Dave was glad that the phone no longer rung from the school, except occasionally. That was fine. Boys will be boys after all.

Dave then turned his attention to Simon and shook his head with a soft smile. Simon had been invited to go ahead to high school but his middle child had said no. He'd wanted to graduate with his brothers and friends. He took all honors classes now and was doing well.

There was certainly no prouder father than David Seville.

Dave gently shut the door and went downstairs to await his biggest surprise for the boys. He sat in the kitchen with a cup of coffee and looked out the window.

Soon enough Vinnie came up the driveway. The chipmunks' biological mother walked swiftly. In her hands was an envelope.

Dave greeted her at the door and invited her in. He took her to the kitchen. "How are you Vinnie?"

She smiled at him. "Well thank you. Thank you for inviting me David."

He smiled at her. "No problem. In a year they'll be teenagers." He mock shuddered.

She giggled. Then sighed. "They've grown up so much. I knew leaving them with you was the right decision. You all seemed so happy."

Dave handed her a cup of coffee. "We still are. They're amazing boys."

Vinnie nodded and held the envelope up. "There's something you must know David. I have to tell the boys today no matter how hard."

"What is it?" he asked concerned.

"It's about Alvin. I'm afraid that he is not related to the others by blood."

Dave stared at her. "What do you mean?"

"A lifelong friend of mine is his true birth mother. She lived with her husband in a den not too far from where I was. She too was due to give birth to a child. She died giving birth and Jack didn't want his son. I took him in as my own."

Dave waited knowing there was more. He had a suspicion. "He wants Alvin now doesn't he?"

Vinnie nodded. "Yes." She sighed. "I have here a court order for Alvin to live with him. I fought David I swear I did."

Dave pushed himself up and leaned against the kitchen doorframe. "I know Vinnie. I've got to fight for my son." He grew angry. "How dare he! Where was he all these years? Why now? He gave up that right twelve years ago!"

Vinnie flinched. "I couldn't agree more. He got the court order two days ago and handed it to me and told me to tell you that if Alvin doesn't come in a week than he'll call the human police and they'll take him."

Dave looked up the stairs. His heart broke. He was going to lose his eldest son. "There has to be something I can do."

"I'm afraid not. I wish there was. Chipmunk law states 'that the child is to be returned to the biological parent if the parent so desires'.

He gulped. "So you could take Simon and Theodore."

She smiled. "I could yes but I won't."

He gave a sigh of relief. "What's his father like?"

Vinnie shook her head. "I honestly haven't seen him in years. Jack was…I don't know."

Dave nodded. Still he wondered why now?

Movement upstairs could be heard and three chattering voices told each other happy birthday. They came downstairs and saw her.

"MOM!" Alvin, Simon, and Theodore cried as they ran to her and hugged her.

"My, my, my you three have grown," Vinnie said smiling at them. "Twelve already and somehow David's hair is still black."

They all laughed and Alvin replied, "Eh, he dyes it."

"Al-vin!" Dave said in mock irritation. "Happy birthday boys!"

"Thanks Dave!" they said in unison.

They shared a special breakfast and chatted happily.

Dave and Vinnie looked at each other and agreed silently. They watched Alvin as he laughed with Simon and Theodore. Both of their hearts ached thinking of what they had to tell him.

After breakfast they went into the living room where three boxes awaited them.

Alvin beamed as he pulled out a red and white jacket with a yellow A on the right side. He put it on and thanked his Dad.

Simon was ecstatic about the new chemistry set he had gotten and couldn't wait to try it out.

Theodore was extremely happy with the brand new colored pencils and sketch pad.

After they were done Dave took a deep breath and said, "Guys we need to have a family meeting."

All laughter stopped. The last time they had a family meeting it was because Grandpa Seville had passed on. This was never good. They sat on the couch anxiously.

Vinnie told them everything.

Alvin visibly paled and shook his head. Simon and Theodore just sat there shocked.

"Alvin…" Dave said.

"I'm not going," Alvin said in a choked voice. "This is my home!" he yelled.

The watched sadly as Alvin ran up the stairs to the room he and his brothers shared and slammed the door.

The eldest chipmunk ran to his bed and sobbed into his pillow. He whispered the word "No" repeatedly.

This was his home. This was his family. This was his life. Why should he have to live with some stranger that hadn't wanted him when he was a baby?

A hand on his shoulder made him turn around and lock eyes with Simon and Theodore's own tearful ones. Alvin found himself surrounded by two pairs of arms that he sadly realized he was never even related to. They'd always been together and faced everything as a family and now…

Simon squeezed him close. "Blood doesn't matter Alvin. You'll always be our older brother."

Theodore sniffed. "We love you Alvin."

Alvin cried in anguish. "I love you both too."

Together they grieved for the bleak future that was ahead without their much beloved brother.

Downstairs Vinnie watched as Dave picked up a picture of his boys, sank onto the couch and wept. She vowed to find some way, somehow to return Alvin to his rightful family.

TBC…

Since all of my favorite stories have cliffies I'll leave my own so there! (sticks tongue out)