His new mom picked him up a few hours ago.. I know she's the right owner, the back of her car had spay and neuter stickers, I <3 my cats ect.
It always feels good to get an animal from a bad place and find them a good forever home.
I talked to her new owner a little while ago, she says everything worked out great,she took her to the vet for her first shots, (which is when the found out for sure it was a "her"), she's perfectly healthy..Her name is Madison now.
Just an update, kitten has gotten fixed and is very happy, she keeps the other kitten busy, so their old tom cat can just lay around and won't be pestered by the younger cats.