Custody

Part 1

Justin and Brian pulled up in front of Lindsay's apartment building. It was a couple of weeks since Gus had been rescued. Brian and Justin had spent a lot of time at the apartment playing with Gus and reconnecting the little boy with his former life. Brian was paying for Gus to see a therapist. They all hoped the therapist could help Gus come to terms with what had happened to him.

To all outward appearances Gus seemed much like the happy little boy he had been before the kidnapping. However, appearances are often deceiving. Lindsay knew there were still nightmares that woke Gus, nightmares that had the little boy sweating with fear and crying for help. The therapist hoped to get Gus to talk these through, but so far Gus had refused to talk to anyone about what had happened. He would clam up when anything about the kidnapping and his time in Sicily was mentioned. The therapist said it could take a while, but that didn't make any of them feel better and it wasn't stopping the nightmares.

Today was going to be a test of sorts. Brian and Justin were taking the little boy for the day, the first time since his return. They were going to go to a park, not the one where Gus had been kidnapped, but one nearby. Everybody was on edge waiting to see what would happen.

Lindsay buzzed them up and Gus opened the door with his mother standing behind him. Lindsay gave Brian a look and he tried to smile back. They were all nervous about what might happen during the outing.

"Daddy," Gus said flinging himself at his father.

"Hey, Sonny Boy, ready for an adventure?" Brian said scooping the boy into his arms.

Justin took Gus' hand and squeezed it reassuringly. "Hey, Gus," he said with a big smile.

"Hi, Jus," Gus replied leaning out of his father's arms to give Justin a hug.

"I have all his stuff in this bag," Lindsay said handing it to Justin while Brian set Gus down.

"You ready to play in the park?" Brian asked his son.

There was a momentary hesitation and frown and then Gus nodded. They all breathed a sigh of relief.

"Okay, let's go," Justin said taking Gus' hand and starting down the hall towards the elevator.

"If anything happens, call," Lindsay said kissing Brian's cheek.

"I'm hoping that won't be necessary," Brian replied squeezing Lindsay's shoulder reassuringly.

Brian set off down the hall to where Gus and Justin were holding the elevator for him. As Brian stepped into the elevator and the door began to close, he felt Gus' hand slide into his. He looked down at his son and smiled. Gus looked up at his father with a slight frown on his face.

"It's okay, Gus," Brian said. "We're going to have fun, and then we'll go to the diner for a hot dog. Does that sound good?"

Gus' face relaxed and he nodded.

"First step," Brian breathed to himself and looked at Justin for reassurance.

Brian drove them to a nearby park. They all got out of the Corvette, Gus having been strapped into the tiny back seat. Brian grabbed the bag Lindsay had sent with them. She always had juice boxes and a change of clothes, just in case. Justin took one of Gus' hands and Brian the other. They began walking into the park. Both Brian and Justin were waiting for Gus to swing from their arms when he raised his feet off the ground. Gus just walked along doing his best to keep up with the adult sized steps.

Justin and Brian exchanged a glance and then raised their arms so Gus could swing between them. They held their breath waiting to see what his reaction would be. Gus tensed up and kind of hung between them. They looked at each other and gave him a gentle swing. They heard Gus giggle and did it again.

"More," he said.

And they swung him back and forth breathing sighs of relief at his reaction.

"Do you want to go on the slides?" Brian asked seeing them up ahead.

Gus stopped and stared at the slides. "No," he said emphatically.

"What would you like to do?" Justin asked.

Gus looked around with a slight look of fear on his face. His eyes lighted on the sand box and he pointed to it.

"Okay," Brian said, "you can go play."

Gus stood stock still. "Come with me, Daddy," he said almost begging.

"Sure, Sonny Boy, we'll both come with you."

Brian and Justin sat on the edge of the sandbox watching Gus scoop sand with his hands and make mounds that he told them were castles or race car tracks or the moon. He pulled Jus-Bear from the bag Lindsay had sent and placed him carefully on top of one of the mounds.

"Jus-Bear is on the moon watching us," Gus declared.

"Jus-Bear sure gets around," Brian said with a chuckle.

"Is Jus-Bear looking out for you?" Justin asked.

"Jus-Bear is my best friend," Gus said grabbing the bear and squeezing him to his chest.

"What about me?" Justin asked. "And Daddy and Mommy?"

"All of you … and Jus-Bear," Gus said emphatically.

"Are you happy to be home, Gus?" Brian almost whispered.

"I love you, Daddy," Gus said crawling onto his father's lap sand and all … and Jus-Bear.

"I love you too, Sonny Boy. Are you afraid of the slides?" Brian asked wanting to see if he could get some of this out in the open.

Gus nodded and his eyes filled with tears. "Don't let them take me," he said wrapping his arms around Brian's neck.

"Never," Brian breathed fighting back his own tears. "Never again."

"We love you, Gus," Justin said rubbing the boy's back. "If you want to go on the slides we'll stand right beside you and never let you out of our sight."

Gus looked over at the slides longingly, but he shook his head. "Maybe next time," he said softly.

"Next time it is," Brian replied hugging Gus tight. "I think it's time for a hot dog. What do you say?"

"Hungry," Gus said.

They stood up and brushed off all the sand they could find. In a few minutes they were at the diner and Debbie had Gus in a huge bear hug.

"Take it easy on him, Deb. He's only five."

"He's too scrumptious for words," Debbie cooed setting the boy down and chucking his cheek. Gus giggled. "Are you ready for the usual?"

"The usually," Gus said with a giggle.

"Coming right up," Debbie laughed.

"Burgers for you guys?"

"Sure, Deb," Brian said casting caution to the wind. He knew Justin would probably eat half of his anyway.

They ate quickly with Gus wolfing down most of his hot dog. At one point Debbie had a bit of a break and sat down beside them.

"How are you doing, Gus?" she asked.

Gus frowned but said, "Fine."

Debbie looked at Brian who shrugged and shook his head meaning it might be better to leave it alone. Debbie frowned too and gave Gus an extra kiss. When they were finished eating they took Gus back to Lindsay's apartment.

When Lindsay opened the door they found her inside with Melanie and Jenny Rebecca. Mel looked daggers at them and then sidled up to Gus.

"Hi sweetie," she said squatting down beside Gus. "Do you want to see your sister?"

Gus stared at Melanie and backed up slightly, but then he nodded and went over to the carrier in which JR was sleeping. He leaned in and kissed the baby on the cheek. He patted her hand and smiled down at her.

"Why doesn't he like me?" Mel asked staring at her son.

"Maybe because you couldn't take the time to go to Europe to get him back," Brian said with a cruel edge to his voice.

"I had to look after my daughter."

"At the expense of your son," Brian added.

"Asshole!"

"Stop it, you two," Lindsay said sternly and she nodded toward Gus who was watching with wide eyes.

"I better go," Melanie said.

"Maybe that would be best," Lindsay said. "Say goodbye to Jenny Rebecca, Gus."

Gus gave the baby another kiss as Mel walked towards him.

"Do you have a kiss for me?" she asked her son.

Gus looked up at her and nodded. He gave her a peck on the cheek when she leaned down, but then ran to hide behind Brian's leg.

"I expect to see Gus regularly," Melanie said as she and her daughter swept out of the apartment.

"Not bloody likely," Brian called after her.

"Brian," Lindsay said shaking her head and looking at Gus.

"I'm afraid she rubs me the wrong way and always will," Brian said.

"Let's go, Brian," Justin said.

They each kissed the little boy and left the apartment.

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"Brian, please, tell me what to do," Lindsay begged.

"You said you were going to support me in this, so support me," Brian replied with the glare that meant you had better keep your word.

"But she's being impossible."

"Since when is that new; she was always impossible."

"But you don't know what it's like. She makes it hell to see Jenny Rebecca. Every time I go over there she rags on me about saying I would help you petition for your parental rights for Gus. She begrudges any time that I have with our daughter. She's trying to cut me out of JR's life. I know she is."

"So Mel's a cunt. What else is new?"

"Briiaan."

"Look, maybe it's time you stopped trying to patch things up with Mel and made a clean break."

"It's not that easy. We have the children to consider."

"And do you think Gus or JR, I hate that fucking name, are going to be better off with you two sniping all the time. I know I would have gratefully had my parents go their separate ways especially if they had left me with someone else."

"That's not helping, Brian."

"I want my rights back. I have a lawyer looking into it. He seems to think I have a good chance of getting them back, especially after the whole kidnapping fiasco."

"I said I was on your side and I am. I just wish we could work this out amicably."

"Our little Melanie has never believed in doing anything amicably when there's a chance for a down and dirty fight. She thinks she can use my past against me. That's why I need you and my other so-called friends to testify that I have changed."

"And have you … changed, I mean?"

"Fuck you, Lindsay! How can you fucking ask me that?"

"I … I heard you and Justin that night I stayed at the loft. You depend on him a lot. Do you still fuck around on him?"

"What the fuck does that have to do with anything?"

"I … just need to know."

"We're pretty much monogamous unless we agree to something else," Brian admitted with a sigh. He couldn't look at her. He hated talking about his private life with anyone.

"You realize that the lawyers are going to ask you the same type of question and maybe even worse … even more private and personal."

"Fuck!"

"I thought you needed to realize what you're getting into. And Mel knows … a lot about your past and about your less than stellar lifestyle."

"Because you told her all about it," Brian glared.

"I'm sure I've told her things over the years, but so did you when the whole Kip Thomas fiasco came up. It's not like you haven't bragged about your lifestyle."

"When did I ever brag? I've merely stated facts."

"Bragging, facts, the lawyers are going to make you sound like a pathetic excuse for fatherhood."

"And yet you chose me," Brian smirked.

"And Melanie will be the first to say she was against it right from the outset."

"But you chose me," Brian repeated.

"And I haven't regretted it for a second. We have a beautiful son."

"How's he doing with the therapist?" Brian asked a touch of sadness in his voice. He didn't know why Gus should have been put through hell when it was Melanie the kidnappers had been after.

"She seems to think he shouldn't have any permanent scars. He seems to be forgetting the Garonis and the whole kidnapping. I just hope it doesn't come back some time in the future."

"He's a tough little kid. All us Kinneys have had to be," Brian said with a sad look on his face.

"Do you think they will bring your mother into this?" Lindsay had to ask.

"Oh fuck! They better not."

"Ever since you hired a lawyer I've been wondering what this is going to result in. I think we may all be sorry we ever started this."

"I'll never be sorry if it guarantees that I can have time with my son. He needs me."

"I'd never prevent you from seeing Gus," Lindsay promised.

"I know, but I just want it all to be official."

"As long as you're sure you know what you're getting into."

"As long as I can count on your support," Brian said staring into Lindsay's eyes.

Custody

Part 2

Brian sat across the desk from his lawyer. Tom Gabriel was an excellent attorney, just the man to have on his side in this custody shit. Alan was looking through papers and then he glanced up at Brian and held his gaze.

"This is going to be dicey," Tom said.

"How so?"

"You gave up your parental rights of your own free will. Getting them back is going to be tricky."

"But things have changed," Brian protested. "I have changed."

"That may be so, but unless you can show that there are new circumstances affecting the welfare of your son, I don't think you stand a chance."

"What about the kidnapping and how Melanie handled it?" Brian asked. He didn't like the sound of this at all.

"That will carry some weight, but not as much as you might think. She'll argue that she did what she thought best. That the outcome went the wrong way was not entirely her fault."

"What about the fact that Lindsay and Melanie are no longer a couple? I gave up my rights to help them stay together."

"You did?"

"Yes, even though I didn't say it in so many words."

"We can certainly use that to our advantage. Can anyone corroborate that?"

"Justin."

"Your partner?"

"Yes, in fact he sort of showed me the way."

"Okay," Tom said slowly. "I think we may have a shot. Let's go ahead then."

"Good," Brian said standing and shaking Tom's hand.

"I'll let you know when they schedule us in court."

"Thanks," Brian said as he left the office. This was going to be a lot harder than he had thought.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Weeks went by and Gus seemed to be doing better. He would go on the slides if someone was standing at the bottom waiting for him. The nightmares seemed to be disappearing. He would go for a week or more without having one. The therapist was a little concerned that he wouldn't talk about his time in Sicily, but it was almost like that period no longer existed in Gus' mind.

Things were sort of back to normal until one day all the participants got their notification to appear in court for the petitioning of Brian Kinney to restore his rights as the legal father of Gus Marcus-Peterson.

Melanie went ballistic when she read the document. She had steadfastly refused to meet with Brian's lawyer in spite of repeated requests. She had simply stated that she was the legal parent of Gus and she had no intention of sharing that or relinquishing it to an asshole like Brian Kinney. When she had heard no more for Brian for a while she had assumed he had given up, but apparently not.

Her tirade to Lindsay on the phone did little to convince Lindsay to be on her side. That was especially true after Melanie reminded her that Brian had been her last choice as Gus' father and that she had always known he was an unscrupulous bastard. Lindsay had hung up on Melanie at that point knowing she would never convince the woman otherwise.

Thus the combatants headed for court one fall day.

After preliminary statements from both lawyers the judge gave some directions to all the participants. She told them that this would be an informal setting and that she would direct most of the questioning. "I understand that attempts to reach an agreement about this matter were turned down by Ms Marcus. Is that correct?" Judge Andrea Whittaker asked having finished setting up the guidelines for the conduct of the case.

"Yes, your honor," Melanie replied.

"May I ask why?" the judge said frowning.

Melanie sighed and then began to answer the judge's question. "It's a long standing problem between Mr. Kinney and myself that led to that decision," Melanie began. "I never wanted him to be the father of our child, but Lindsay insisted and I was forced to allow him into our lives."

"But you must have realized that having a child fathered by Mr. Kinney placed him squarely in your lives for many years to come," the judge continued.

"Not necessarily."

"How so, Ms Marcus?"

"Mr. Kinney is a promiscuous, philandering, uncaring … person," Melanie said choosing her words very carefully and avoiding calling Brian the asshole that she knew he was. "When he agreed to be the father of our baby, he said he wanted no part in the child's life. The extent of his involvement came in a paper cup."

"Is that correct, Mr. Kinney?" the judge asked.

Brian nodded. "At the time I was not the least bit interested in being a father. I was happy to help Lindsay, but the baby would be theirs."

"That's very direct," the judge observed. "So what are we doing here?"

"Things have changed," Brian said simply.

"I guess that's what we're going to find out about."

"I hope so," Brian muttered.

"So, Mr. Kinney, why don't you tell me what has changed?"

"I have a much more active role in my son's life. I see him almost every weekend and every couple of weeks he sleeps over at the loft."

"And this never happened before?"

"No."

"Why not?"

Brian glanced at Lindsay who shrugged and then at Melanie who glared at him. That glare sealed her fate. "Gus' mothers are no longer together," Brian said evenly.

"Is that correct, Ms Marcus?"

"Yes," Melanie spat out.

"Then I guess that does change things somewhat," the judge observed.

"There's also the fact the Ms Marcus has a child of her own now," Brian added.

"And you're not the father, Mr. Kinney?"

"Christ no!" Brian's face contorted in disgust at the thought. "Excuse me, your honor," Brian hastily added realizing what he had said.

The judge gave him a withering look, but then asked, "And how have you seen this change the dynamic with your son?"

"Ms Marcus has much less time for Gus. Her life is completely wrapped up in her daughter," Brian said.

"Objection, your honor," Melanie's lawyer said. Melanie was clutching her lawyer's arm practically rising out of her chair with the need to refute what Brian was saying.

"I will hear your client's version of these affairs in a moment, Mr. Kingston. Continue, Mr. Kinney."

"You may know that Gus was recently kidnapped." The judge nodded very familiar with the high profile case. "As it turned out it was because of one of Ms Marcus' legal clients that my son was kidnapped."

"Ms Marcus can hardly be held responsible for the actions of a gangster family," Mr. Kingston interrupted.

"Perhaps not, but they were out to get her to throw the case, if I remember correctly," Judge Whittaker stated. "How did this affect matters with your son?"

"When we finally found him, without any help from Ms Marcus I might add, she refused to accompany us to Europe so that Gus would have his legal guardians with him. Luckily we were able to get him back without her help."

"And why did you refuse to accompany them, Ms Marcus?" the judge asked.

"I had a daughter of barely nine months of age. I was still nursing her. I could hardly leave her with strangers while I rushed off to Europe," Melanie said trying to defend herself.

"Perhaps not, but did you make any effort to help?" Brian's lawyer asked.

Melanie glared at Tom Gabriel and refused to answer.

"Is that all, Mr. Kinney?"

"When we brought Gus back he refused to go to Ms Marcus. He seems very reserved and strained around her. It's like he knows she didn't protect him," Brian added.

"That's an out and out lie," Melanie screamed. "Gus has gotten used to me. He kisses me and hugs me. You can't prove that he doesn't love me!"

"Mr. Kinney did not say that Gus does not love you. Please sit down and restrain yourself. This kind of outburst is not helping your case."

Melanie slumped back into her seat shaking her head. Her lawyer whispered something in her ear and she nodded looking calmer.

"Is there anything else, Mr. Kinney?"

Brian had been instructed by his lawyer to make a final statement about why he was needed in Gus' life and why he wanted Gus in his. "I just want to add, your honor, that Gus needs a father and I am prepared to act in that capacity. I might not have been ready to be his father when he was born, but I certainly am now. I know Lindsay will always give me access to my son, but I would like to have some legal standing in the matter. After the experience with the kidnapping and not being a legal guardian for Gus when we tried to bring him back, I began to understand how difficult that lack of authority can be. I never want to be in that position again."

"Thank you, Mr. Kinney. Frankly, I have no reason to believe that you should not have legal standing as Gus' father. You're not trying to deny Ms Marcus' rights to her son, are you?"

"No, your honor," Brian said. "Although I wouldn't mind," Brian whispered to his lawyer.

"Did you say something, Mr. Kinney?" the judge asked with a frown. Brian shook his head. He better keep his mouth shut when things seemed to be going his way. "Why are you so adamant that Mr. Kinney's rights not be reinstated, Ms Marcus?"

"Because he's a complete ass…" Melanie bit off the word she wanted to use. "Mr. Kinney is a complete egotist," she rephrased. "He leads a hedonistic, narcissistic and totally promiscuous lifestyle. He would be a bad influence on any child."

"Is that true, Mr. Kinney?"

"It used to be," Brian admitted, "but I have changed my lifestyle. I have a partner and a … relationship."

"Did you know this, Ms Marcus?"

"So he says," Melanie scoffed.

"And does Gus get along with your partner?"

"Yes, he loves Justin, probably more than he loves Melanie."

"How can you say such a thing, you…?" Melanie looked ready to explode.

"Ms Marcus, control yourself," the judge admonished.

"Sorry, your honor, but that simply is not true."

"I rarely see this level of animosity between two people who want custody of the same child, and you're not even the biological parents. I would like to find some common ground, an amicable way of settling this."

"Not if it involves Kinney getting his rights back. I don't want him having any part in Gus' life."

"You don't get to make that determination, Ms Marcus. I do."

Melanie looked at the floor. She really needed to control her temper.

"I think we have covered most of the background of this case. Tomorrow I will allow the participants to take the stand and be cross examined. If you have any character witnesses or other information, please have them here at the ready. As soon as that is complete I will speak with the child. As the custodial parent, Ms Peterson, please have the child here when I request it."

"Yes, your honor," Lindsay replied.

"This court stands in recess," the judge proclaimed getting up to leave.

"I think that went well, Brian," Tom said as the judge disappeared into her chambers. "You handled yourself very well. And Melanie's outbursts only serve to give the judge a bad impression of her and her claims."

"I didn't think it would be quite so easy to push Melanie's buttons," Brian smirked watching the animated whispers passing between Melanie and her lawyer. "She's shitting a brick right now."

"Don't gloat, Brian. This is far from over."

"They look like they're cooking something up," Brian said watching the interaction between the lawyer and Melanie.

"I'm sure they have a strategy all mapped out."

"They're going to try to crucify me, aren't they?"

"In all likelihood."

"What can we do?"

"We tell the truth and have witnesses who can refute anything they say. Lindsay and Justin will probably be the most important ones."

Melanie stood and shook her lawyer's hand. As she started out of the courtroom she stopped at Brian's table. "You really are one fucking son of a bitch. I can't believe what you said about me. Gus loves me. I'm his mother."

"And I'm his father," Brian retorted.

"That remains to be seen." With that Melanie strode from the courtroom.

Lindsay came up beside Brian. "I hate it when she gets like that."

"How the fuck did you put up with her all those years?"

"Believe it or not we loved each other."

"Do you think she'll bring up the Sam Auerbach thing?" Brian asked.

"I don't know, but she's capable of anything when she's cornered."

"Fuck!"

Custody

Part 3

The following day the combatants reassembled in the courtroom. Lindsay again accompanied Brian, but Justin was there as well knowing he would likely be called to testify before the day was done.

The judge called Lindsay Peterson to the stand. "Ms Peterson, you are the biological mother of Gus Marcus Peterson?"

"Yes, I am," Lindsay replied. She suddenly felt very exposed sitting on the stand with Melanie glaring at her.

"You are here in support of Mr. Kinney's petition. May I ask why?"

"Brian has been my friend for a very long time. I asked him to be Gus' father and he agreed. He has supported Gus financially over the years. I always know I can go to him if I need help."

"Has Mr. Kinney provided financial support since your break with Ms Marcus?"

"Several times," Lindsay said proudly as Melanie continued to glare. "In fact, without Mr. Kinney's tenacity and his hiring of private detectives, we would never have got Gus back."

"I see. So, you have no problem with him getting back his parental rights."

"I certainly do not. I agree that Gus needs a father, and Brian has become just that."

"You have noted the change in him?"

"Yes, his lifestyle has changed considerably and he is much more interested in Gus and his welfare."

"But he wasn't always?" the judge observed. Brian cringed.

"No."

"Explain his early involvement or lack thereof," the judge asked.

"Brian didn't want to be a father at all. I had to talk him into it. The fact that he said he would have nothing to do with the baby suited Melanie perfectly. She did not want Brian involved in our lives."

"And was he totally uninvolved?"

"He came to the hospital the night Gus was born, and he said he would help us in any way we needed."

"Meaning?"

"Mostly financial support which we both accepted from him."

"Did he see his son at all at that time?"

"Sporadically," Lindsay admitted.

"Did he give up his parental rights immediately?"

"Actually, no. In fact I think he was having second thoughts about doing it at all."

"Then why did he?"

"Um … Melanie and I were having some problems right then. Finances were difficult and some other things happened. We almost split up. Brian signed his rights over to help us get back together. He wanted Gus to have two full time parents who loved him."

"And now he wants that to be three."

"Brian is right about Melanie spending much less time with Gus since she has had her daughter. Gus needs his father."

"Thank you, Ms Peterson. I think that covers most of what I need to know. Is there anything else you'd like to add?"

Lindsay hesitated. She was about to bring up Melanie's infidelity because she was sure Melanie would try to benefit from her indiscretion with Sam Auerbach, but she just couldn't do it. She shook her head and stepped down. As she passed Brian's table she touched his hand trying to reassure him that she was on his side.

Brian's lawyer asked Justin to take the stand. As Justin was sworn in he looked into Brian's eyes and tried to transfer his love to the man.

"Mr. Taylor, you are Mr. Kinney's life partner?" the judge asked.

"Yes. I guess that's what you could call me."

"Is there a better name for your relationship?"

"No, it's just that it kind of sounds like a life sentence," Justin said honestly.

"And you don't want it to be?"

"Oh no, I didn't mean that at all. It would be Brian who would see it as a life sentence. I mean … um … I mean … that our relationship is kind of unconventional and Brian would say undefined."

"I don't understand," the judge said frowning.

"It doesn't really matter," Justin said quickly. He felt like he was well on his way to screwing this up for Brian. "We're together. We're partners. That's what I mean."

"Very well," the judge said not really satisfied with that explanation. "How long have you been together?"

"That's hard to answer. We've known each other for over four years and we've been together on and off. Recently we made it more formal."

"So your relationship is no more stable than the one between Ms Marcus and Ms Peterson?" the judge said looking solemnly at Justin.

"We're together and they're not," Justin said hastily.

"But for how long?"

"I don't think anyone can truthfully answer that question," Justin admitted.

The judge raised her eyebrows but decided to leave that line of questioning. "You know Gus Marcus-Peterson?"

Justin's face lit up with a smile. "I met Brian on the night Gus was born. He took me to the hospital with him, and I got to choose Gus' name," Justin said proudly.

"Tell the judge what you were doing with Brian that night," Melanie spoke out.

Justin felt himself blush and he looked at the floor. "Would you care to elaborate?" the judge asked.

"Um … do I have to?"

The judge looked at the young man turning beet red and could only imagine what they had been doing. On second thought maybe she couldn't imagine. "You don't have to if you don't want to," Judge Whittaker replied.

Justin shook his head as he heard a loud sigh from Melanie. Maybe he was off the hook on this one.

"Did you know Mr. Kinney was going to give up his parental rights?" the judge continued.

"Yes, I knew, and I didn't want him to do it."

"Why not?"

"I … had just been kicked out by my father when he found out I was gay. I didn't want Gus to be separated from his father."

"But Mr. Kinney didn't listen to you."

"Not at that point, but…" Justin hesitated.

"But what?"

"Later I encouraged Brian to be kind instead of ruthless with Melanie and Lindsay. That's when he decided that they might get back together if he surrendered his rights."

"How would that make them get back together?" the judge asked.

"Lindsay was thinking of marrying a man who would help her pay for the house and who would support Gus. Money was pretty tight. Brian didn't want this man taking over his son's life, so he encouraged the girls to get back together."

"So maybe Mr. Kinney isn't as selfish and narcissistic as I've been led to believe?"

"He's really a very generous man, but he doesn't like anyone to know what he does."

Brian scowled up at Justin for revealing that little fact. The judge stared at Brian with new eyes.

"Is there anything else you'd like to add, Mr. Taylor?"

"Brian told me a few months ago that he wanted us to live together and that he wanted to improve his role in Gus' life. Since then I've seen him do everything he can to make that happen. He's a good father." Justin smiled down at Brian who blushed and shrank in his chair.

The interaction was not lost on the judge. She could see the support and respect that passed between the two men. "Thank you, Mr. Taylor."

Justin stepped down and Brian followed him with his eyes as he made his way back to his seat. Lindsay gave Justin a hug when he sat down beside her. He must have done all right.

The judge asked if there were any further witnesses from Mr. Kinney's side. Brian's lawyer replied no, feeling that they had made a good case for their side.

"We'll take a lunch recess," the judge said and then I'll hear from Ms Marcus' side."

Melanie quickly left the courtroom probably heading home to check on her daughter. Brian, Justin, Lindsay and Tom Gabriel walked down the street to a little café where they could have some lunch.

After they placed their orders, Justin felt he had to ask if he did all right on the stand. Tom assured him that his testimony was just fine. Justin breathed a sigh of relief and felt Brian's hand search for his under the table. He smiled at his partner who gave a half-hearted smile in return.

"Who are they going to call?" Brian asked the worry evident on his face.

"This isn't like a regular trial. We didn't have to submit a list of witnesses," Tom replied.

"So anyone could come out of the blue," Brian added shaking his head. He was pretty sure his less than stellar behavior in the past was going to jump up and bite him on the ass.

"I know you're worried about your mother, but let's just wait and see what transpires," Tom said philosophically.

Brian looked at his salad and pushed the lettuce around on his plate. His stomach felt like one big knot.

They ate mostly in silence with someone occasionally trying to make small talk. Finally Brian paid the check and they headed back to the courthouse. The events to come hung heavily over them all.

Once everyone was reassembled in the courtroom, the judge asked Melanie's lawyer for his first witness.

"Michael Novotny," he said and Michael walked into the courtroom followed closely by Debbie.

Brian looked at his friend and his blood ran cold. What the fuck was Michael going to tell them? Michael was sworn in and took the stand.

"Mr. Novotny," the judge said. "What is your connection to the people involved in this custody case?"

Michael cleared his throat. "Brian has been my best friend for almost twenty years."

"And yet you're here testifying on behalf of Ms Marcus. May I ask why?" the judge wanted to know.

"That's what I'd fucking like to know," Brian mumbled to his lawyer. Tom squeezed his shoulder trying to calm his client down.

"I'm also the father of Melanie's baby," Michael said proudly.

"I see," the judge replied. "So what do you want to tell me about this situation?"

Michael took a deep breath and refused to look at Brian. His eyes stayed locked on Melanie who smiled in spite of herself. Now, finally, Kinney was going to get what was coming to him. "I'm here to talk about the character, or lack thereof, of my friend Brian Kinney."

"What the fuck?" Brian muttered loud enough for everyone to hear. The judge gave Brian a look and Brian stared at Michael not believing what his so-called best friend was about to do.

"Brian claims to have changed, but I have to disagree. Brian has not grown up yet," Michael stated.

"You mean because I haven't become a Stepford fag like you, my lifestyle no longer meets with your approval," Brian said out loud.

"Mr. Kinney, please do not interrupt," the judge said. Brian shook his head but stayed silent.

"Gotcha," Melanie whispered to her lawyer, the smirk written across her face.

"Continue, Mr. Novotny."

Michael still refused to look at Brian. "Brian claims to be in a stable relationship, but all his friends know that he only pays lip service to it. Justin knows that Brian … fucks around on him; excuse me, your honor. He runs a gay nightclub where he makes abundant use of the backroom. He's not the proper influence on an impressionable boy."

"And you are?" Brian demanded glaring at Michael.

"Better than you any day of the week," Michael retorted.

"Enough, gentlemen," the judge cautioned. "You're sure the accusations you have made are true?" she asked Michael again.

"Definitely," Michael replied. "Brian keeps trying to get me to come to the club or go to sex parties with him or do drugs."

"Drugs?" the judge asked alarmed.

"Yes, drugs."

"Mr. Kinney is involved with drugs?"

"Yes."

"This is very troubling."

"Tell her about your own drug use. I've never seen you refuse a toke or a snort," Brian yelled.

"Mr. Kinney!" the judge admonished.

"I never said I was perfect, but this is just a fucking load of horse crap!" Brian continued.

"I think we will recess for today and resume this tomorrow. In the meantime," the judge continued, "I want you to get your clients under control." The judge gave a knowing look to each lawyer and then left the courtroom.

Michael started down from the stand where he found himself face to face with his best friend.

"How could you do that, Michael?" Brian demanded.

"I'm doing what is best for Gus," Michael said cringing under Brian's glare.

"Who the fuck died and made you God?" Brian stared into Michael's eyes trying to fathom why his friend would do this to him. When nothing seemed to be revealed, Brian, chest heaving with anger, opened his mouth to say something. Suddenly he clamped his jaw closed. He shook his head at Michael fighting back the tears that were just behind his eyes. Suddenly Brian wheeled and strode out of the courtroom brushing past an anxious Debbie who reached for him as he passed.

"But Brian…" Michael said to no avail. He had known Brian would be upset but this surpassed anything he could have imagined.

Custody

Part 4

Justin ran up the steps to the loft. With each step he prayed that he would find Brian inside. He flung back the door after unlocking it. He looked around and knew immediately that Brian wasn't there.

"Shit!" Justin said to the empty loft. He went over to the phone and dialed Lindsay's number. "He's not here," he told her as soon as she answered.

"He's not with Gus either. I just picked him up from preschool and there has been no sign of him."

"Daddy," Gus whimpered from the back seat. Gus obviously knew something was wrong.

"Did you tell Gus what happened?" Justin asked with disbelief.

"Of course not," Lindsay replied. "But I had to ask questions to find out if he had put in an appearance at Gus' school. Gus is sensitive. He knows something's wrong," Lindsay whispered.

"Daddy," Gus whimpered again.

"I'm worried, Lindsay."

"Me too."

"I've never seen him so mad. I don't think he ever could have dreamed that Michael would do that."

"Sometimes Michael's an ass," Lindsay said.

"Can you think of any place he might go?"

"The backrooms."

"Shit! You think so? In the middle of the custody trial?" Justin asked not wanting to think Brian would resort to that.

"You know his pain management techniques … and Michael really hurt him."

"Do you think I should go try to find him?" Justin asked.

"Well, you might get a better reception in the backrooms than I will. I honestly don't know what to tell you, Justin. Even if you find him, what can you say to him? Nothing's going to make this better."

"Daddy," Gus continued to whimper.

"I'll see if I can find him," Justin said finally. "I'll have to think of something to say when the time arises."

"Good luck," Lindsay said as she cut the connection.

Justin thought about where to find Brian. Most of the backrooms would be closed at this time of day, but maybe the one remaining bathhouse in the Liberty area would be where Brian would go. If he wasn't there, Justin didn't like to think of the only other possibilities. Either Brian would be shitface drunk somewhere or he would have found a trick and a hotel room. Justin didn't like either of those possibilities any better.

It had been quite a while since Justin had been in a bathhouse. He remembered having that fucking contest with Brian, the one where Brian's trick had turned out to be Father Tom, his mother's priest. Justin shook his head at the memory. Sometimes the gay world was a fucked up place.

As Justin walked along the hallway he glanced in the rooms that were open. There was no sign of Brian in any of them. The doors that were shut held God knew what, but he would open them as a last resort. Right now he was headed for the orgy room, but he didn't think there would be much of an orgy at five in the afternoon. As it turned out, he was wrong.

When Justin stepped through the archway that led to the orgy room, the first thing he saw was Brian naked sprawled out on one of the raised slabs. He lay on his back with his eyes closed while two men worked him over. One had his mouth wrapped around Brian's cock and he was sucking for all he was worth. The other one alternated between kissing Brian and sucking on his tits. Brian lay still except for an occasional moan that the men were able to elicit.

Justin watched for a moment not sure what to do. The thought of men with their mouths on Brian's dick didn't really offend him. He had seen that far too many times for it to hold much impact. But watching another man kiss Brian was different. That hurt. Brian's lips were supposed to be his. That's where they expressed their love for each other as well as their lust.

As Justin continued to watch in hurt fascination, he began to realize that the man kissing Brian was getting very little in response. Deep inside that pleased Justin. He knew he could do much better.

With a grunt that sounded more like a cry for help Brian came in the trick's mouth. Justin watched Brian pump his hips a couple of times and then lay still. His eyes were still closed.

The men switched positions as Brian lay spread out before them. Justin had had enough when he saw that happening. He walked towards the raised area. As one trick started to go down on Brian's now flaccid cock, Justin grabbed him by the shoulder and spun him around.

"Fuck off!" Justin said in a tone that the man understood immediately. He raised his hand and backed away. "You too," Justin said to the other man who mumbled something but followed the other guy out of the room. Justin and Brian were alone. Brian's eyes were still closed.

"Come to rescue me, Sunshine?" Brian asked in that sarcastic manner he was famous for. Brian was obviously three sheets to the wind.

"Looks like it," Justin said softly.

"Well I don't fucking need rescuing! I'm a big boy. I can look after my own dick; at least I could until you got here."

"Let's go home," Justin said.

"I'm not done with my pain management for today," Brian said with a snarky attitude. "In fact I've hardly started."

"You're done!"

"I beg your pardon?" Brian said his eyes finally opening.

"You do need to beg my pardon, you selfish son of a bitch!"

"Joan will be so pleased that you finally got her number … and mine too."

"Are you a complete idiot, or just so self-absorbed that you can't see what you're doing?" Justin asked thoroughly pissed that Brian was being such a prick.

"What I was doing, Sunshine, was having a good time until you came along and completely ruined the mood." Brian sat up and glared at Justin.

"And what if I was a private investigator following you around? Melanie would have all the proof she needed that you're an unfit parent."

"Michael already proved that," Brian said with an involuntary shiver.

"He didn't prove anything, Brian. He gave his fucking opinion which is worth shit. You're the one proving him right." Brian stared at Justin and then his shoulders started to shake. Justin sat beside him and wrapped his arms around the much taller man. "It's all right, Brian. I'm here."

"How … how could he do that?" Brian choked out.

"I don't know. Michael is a mystery to me, one that I never fucking want to solve. I just wish he could mind his own fucking business." Justin kissed Brian's cheek as the shaking subsided.

"He thinks I am his fucking business," Brian said wiping at his eyes with the palms of his hands.

"Then maybe it's time you set him straight once and for all."

"Maybe…" Brian agreed. "I think I want to go home now."

"Good. Come on; let's get your clothes."

Brian allowed himself to be led out of the orgy room and back to the locker area. He glanced around glad that nobody seemed to be watching them. He wondered how the fuck he got himself into these situations.

When they finally arrived at the loft, Justin told Brian to go take a shower. For some unknown reason, maybe feeling a little contrite for his less than stellar performance after court, Brian went right into the bathroom giving no argument at all.

Justin picked up the phone and called Lindsay. "He's home," Justin said as soon as the woman answered.

"Thank God. Where was he?"

"It doesn't matter. He's here. That's what's important."

"If you say so," Lindsay said with a sigh. "Will he be in court tomorrow?"

"I honestly don't know. What Michael did today really threw him."

"I understand that, but doesn't he still want his rights to Gus?"

"Of course he does," Justin said rather vehemently. He was sure that Brian still wanted that. "However, he has other things on his mind at the moment."

"Like getting his dick sucked."

"Lindsay!"

"I'm sorry but that was where you found him, wasn't it?"

"So what if it was? He was in pain."

"Couldn't he just once put Gus' welfare ahead of his own?"

It was Justin's turn to sigh. "You know what he's like. He keeps everything inside, nothing bothers him, nothing ruffles that smooth asshole veneer. Except that we both know that things do hurt him. And he has his tried and true methods of dealing with it."

"I know," Lindsay admitted with another sigh. "It just gets old. Doesn't it get old for you?"

"Yes," Justin whispered almost afraid to admit it. "Of course it does, but it's part of how Brian has managed to survive all this time. Too many people have betrayed him over the years, especially people who should have protected him."

"Yeah," Lindsay said softly.

"Don't ever tell him I agreed with you about this. It would be another betrayal like Michael's."

"I understand."

"Good."

"Try to get him back in court tomorrow, and preferably sober."

"I'll do my best, but I can't promise anything. You haven't seen him."

"I'm glad you found him. Look after him."

"I'll do my best."

Justin cut the connection and set the phone down. Now the hard work would begin.

A few minutes later Brian came out of the bathroom with a towel wrapped around his hips. Justin sat on the bed waiting for him. He studied the little beads of water still dispersed over Brian's lean frame. Brian stopped in the doorway and let Justin peruse him. He didn't know what to say to his lover. The shower had sobered him up, and he felt semi-numb.

"Like what you see?" Brian finally said sticking his tongue in his cheek and trying to carry off his customary bravado.

"I always have," Justin said looking into the hazel eyes.

Brian raised an eyebrow indicating that wasn't quite the answer he had expected. "But maybe not for much longer?" Brian whispered.

Justin shuddered slightly. It reminded him of his conversation with Lindsay. Had Brian heard them? "Why did you say that?"

"You used the past tense."

"Did I?"

"What's going on?"

"I should be asking you that," Justin declared. "What the fuck did you think you were doing this afternoon?"

"I don't think it was any of your business," Brian stated suddenly taking the offensive.

"How can you say that … after all this time?"

"I … I just felt like shit so…"

"So you had to go find somewhere or someone else to help you with it."

"Yeah, I guess that's what I was doing."

"Michael is an ass, but you know I will stand by you."

"Will you?"

"How can you even ask me that?" Justin said with disbelief.

"I thought Michael would too."

"I'm not Michael."

"I know," Brian said tossing aside his towel. He grabbed a pair of jeans and pulled them on. He started hunting for a shirt.

"Want me to order some dinner?"

"I'm not hungry."

"You should eat."

"Yes, mother, but not right now." Brian pulled his leather jacket from the closet and started to put it on.

"What are you doing?" Justin asked standing up.

"I'm going out."

"Oh no you're not. I just got you home."

"I have something to do."

"I'll suck you're fucking dick for you. You don't have to go out."

"Thanks for that more than gracious offer, but that's not what I'm in the mood for."

"Since when are you not in the mood?"

Brian raised an eyebrow and said nothing. He finished shrugging on his jacket and grabbed his car keys off the counter. He went out the door before Justin could say anything more to stop him. Justin debated running after his partner but decided that Brian would have to solve this one on his own. Justin had done all he could do.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Brian pounded on the door waiting for someone to answer. The longer he had to wait the harder he pounded. Finally the door opened.

"Brian, what the fuck…" Michael asked.

Brian pushed past him and turned on his best friend. He glared at Michael. "You never cease to amaze me, Mikey."

"What?" Michael asked taken aback by Brian's apparent anger and then by his sarcastic tone.

"You never did listen to me."

"What the fuck do you want, Brian?"

"I want to know why."

"Why what?"

Brian shook his head. "You really are stupid sometimes, Michael. I can't believe that it took me all these years to realize what a fucking, self-centered asshole you can be."

"That's how people describe you," Michael shot back.

"And I always took it, but it's just beginning to dawn on me that you have me beat by a country mile in that department."

"I just did what I thought was best for Gus."

"You did what you thought was best for you. You're in Melanie's good graces now for defaming my character in court. Did she promise you unlimited visitation with your daughter?"

"She didn't promise me anything. I said the truth and it's time you realized it." Michael was yelling.

"You said what used to be the truth, but you are apparently too dim-witted to see that I have changed."

"Well, you haven't changed enough in my opinion."

"And that's your judgment to make?" Brian demanded.

"In this case, yes, it was."

"You've called yourself my best friend for over fifteen years. And in a few sentences in court you destroyed it all."

"It's time for you to grow up and realize that you're an over the hill club boy fucking around on your partner. That lifestyle might have been fun at twenty-five, but it's fucking pathetic at thirty-five."

"Then why the fuck have you continued to hang around with me?" Brian yelled.

"Fuck if I know … and I don't so much any more."

"And there we have it! You're too good for the likes of me now that you have your little house in the burbs and your one point five children and your hunky husband. Well, fuck you, Michael! Fuck you!"

Michael crossed his arms on his chest and stared at Brian. He didn't know what to say to his friend that refused to grow up and act like a mature man. "I guess we've outgrown each other," he said finally.

"Fucking right!" Brian said as he wheeled around and slammed out of the house.

Custody

Part 5

The next day when Brian walked into the courthouse, he looked around to see if Michael had put in an appearance. He was nowhere to be seen. Brian let out a breath not sure what he would have done if Michael had been there.

It had taken all of Justin's considerable skills to calm Brian and get him to sleep after he came back from Michael's the previous evening. Several blowjobs and rounds of fucking and Brian had finally been able to sleep, more from exhaustion than anything else. Justin had not asked Brian where he had gone. Looking at Brian's face when he had entered the loft told Justin that it had not been pleasant. Justin knew the man had probably gone to see Michael, and it obviously had not gone well. Justin was glad there was no sign of Michael in court.

They walked into the courtroom and Brian took his place at the table with his lawyer. Lindsay was sitting behind and Justin joined her.

"Did you have trouble getting him here?" she asked.

Justin shook his head. "Brian still wants to be legal for Gus."

"What did he do after you finally got him home?"

"He went out again."

"And you let him?" Lindsay could hardly believe her ears.

"What was I going to do, hold him at gunpoint?" Justin asked sarcastically.

Lindsay frowned. "Where did he go?"

"I don't really know, but I think he went to see Michael."

"Shit! Where is Michael today? You don't think Brian…"

"Fuck! I never thought of that," Justin gasped. "I'm sure Brian wouldn't hurt him. Michael hurt Brian. I think they had it out. That's all."

"I hope you're right."

Just then Melanie walked in and Michael was not far behind her. Debbie followed her son. Brian watched them all take their seats. Michael refused to make eye contact although Brian's glare was burning a hole into Michael's head.

"Brian," Justin whispered from behind him. "Brian, focus on the judge."

Brian glanced at Justin breaking his attempt to incinerate Michael with his Ragean mind control. "Fuck!" he gasped and turned his attention to the judge who was just entering the room.

"I hope the lawyers have their clients under better control than what I witnessed yesterday. If not, I will be handing out contempt citations. I do not intend to have a repeat of the nonsense from yesterday. Do I make myself clear?"

The lawyers and their clients all nodded and mumbled, "Yes, your honor."

"Very well then," the judge continued. "Mr. Novotny, did you have anything else to add to your testimony from yesterday?"

"No … no, your honor, I was finished," Michael said refusing to look in Brian's direction.

"Then call your next witness, Mr. Kingston," Judge Whittaker stated looking at Melanie's lawyer.

Mr. Kingston hesitated and then whispered something to Melanie. She shook her head. "We call Debbie Novotny," Mr. Kingston said evenly.

Debbie rose from her seat. She smoothed her hands over the suit she was wearing. Brian wondered if it was something new purchased just for today. He had never seen Debbie wear anything like it before. She walked slowly towards the chair next to the judge's table. As she passed Brian she gave him a sympathetic look and he felt sick inside. She was going to crucify him just like Michael had done yesterday.

"Mrs. Novotny," the judge began, "what is your relationship to the people involved in this case.

"Well, it's kind of complicated, your honor," Debbie replied.

"Do your best."

"I'll try. My son Michael and Brian Kinney have been best friends since they were fourteen. Brian was always the smart one, the confident one, and he looked out for Michael over the years."

"Your son didn't mention anything about that yesterday," the judge replied narrowing her eyes and looking at Michael.

"Michael has a very strong sense of what's right and wrong, and he tends to act on it without considering the ramifications of what he's saying."

"Maw!" Michael whined.

"Be quiet, Mr. Novotny. Continue, please."

"Ms. Marcus, Melanie, is the mother of my grandchild. When she asked me to speak about Brian Kinney, I wasn't sure what to do. I finally agreed."

"Why was it difficult for you to decide to testify? You know Mr. Kinney well, I take it."

"Better than almost anybody. I know all of Brian's faults … and there are many."

"Many? Please elaborate."

Brian cringed inwardly. Now she was going to destroy him. He wasn't sure how much more of this he could stand.

"Brian Kinney is like my son," Debbie said smiling down on Brian. "I love him as much as I love Michael, but he can be the most infuriating and arrogant son of… Excuse me, your honor. Brian is also the most honest and outspoken person that you will ever meet. That rubs people the wrong way, but often he says what they need to hear."

Debbie looked at the judge. She wasn't sure she was getting across what she was trying to say. "Are you saying that Mr. Kinney is not all good or all bad?"

"Yes, that's it. He's quite an enigma."

"That's an interesting description."

"Brian can be the most generous person you'll ever meet and the most selfish."

"So, are you saying that makes him unfit as a father?"

"Far from it!" Debbie reacted. "He's really trying to be a good father, and it's not easy for him. Heaven knows, he had about the worst role model of a father that you could ever imagine." The judge raised her eyebrows and Debbie plunged in further. "I've seen Brian grow and refuse to change. I've seen him at the top of his game and at the lowest points in his life. He has never given up, and if he never taught Gus anything other than that, then it would still be a worthwhile relationship. I don't think any child should be denied the love of a parent who wants them."

"And you feel that Mr. Kinney genuinely wants to be part of his son's life?"

"When Brian says that he will do something, he does. And I know for a fact that he wants Gus as part of his life."

"And you think he is capable of filling the role of father?"

"Brian is not the same man he was even a couple of years ago. The Brian Kinney of today is a good man, although there always was a good man deep inside Brian. Gus couldn't have a better father figure."

"Thank you, Mrs. Novotny, I think that answers many of my questions. You may step down."

Debbie nodded at the judge and headed back to her seat. As she passed Brian she smiled at him. He mouthed, "Thank you," to her as she went by. Michael scowled at his mother as she sat down beside him. She gave him a gentle swat to the side of the head and whispered, "I told the truth, and you know it."

"Are there any further witnesses, Mr. Kingston?" the judge asked.

"No, your honor, I think that's all." He looked tellingly at Melanie who shook her head.

"Fine, then I will give Mr. Kinney and Ms Marcus a final chance to speak. Tomorrow I will talk with Gus."

"Thank you, your honor," Tom said. "Brian has a statement."

Brian cleared his throat. "I merely wanted to make something clear, your honor. The man Michael Novotny described to you is the man he used to know. I'm not the same man I was back then. I have a partner, a home and a son. I want to be part of my son's life, and I will, regardless of how you choose to rule on this subject. I'd just like Gus to know that I am his father … legally. I'm sorry I ever gave up that right."

Tom squeezed Brian's arm as he finished his statement. He whispered, "Well done, Brian." Brian gave a weak smile in response.

"Ms Marcus," the judge indicated.

"Thank you, your honor," Melanie replied. "I am fighting Mr. Kinney's petition because my son already has two parents. He doesn't need a third." She glanced knowingly at Brian who scowled back. "Mr. Kinney gave up his parental rights of his own free volition. Nobody held a gun to his head. He made that decision himself. I do not feel that this man is a suitable role model for my son. I don't want him participating in Gus' life anymore than he already does. It would not be in Gus' best interests for him to do so. Thank you, your honor."

"Thank you, Ms Marcus," Judge Whittaker replied. "Ms Peterson, I would like to talk to Gus this afternoon if that can be arranged?"

"Yes, your honor," Lindsay replied. "I could have him here at two o'clock."

"That would be perfect. I will make my ruling tomorrow morning."

People quickly dispersed from the courtroom. Brian tried to catch Debbie to thank her for her words that had turned out to be so much better than he had expected, but she ran out after Michael who stomped away obviously angry at his mother. Brian pulled Justin into a hug and then Lindsay.

"I think you have a good chance now, Brian," Lindsay said.

"Thanks to Debbie. But a lot will depend on what Gus says to the judge."

"Gus loves you."

Brian scrunched up his face. "I don't know."

"He does. Never doubt that."

"I'll try," Brian said softly.

"You going back to Kinnetik?" Justin asked.

"Let's grab some lunch and then I'll head back. There's nothing more we can do, except wait for tomorrow morning and the verdict."

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

A few hours later Judge Whittaker admitted Lindsay and an apprehensive Gus into her chambers. "Hello, Ms Peterson, Gus," she said.

"Say hello to the judge, honey," Lindsay said to Gus as she helped him up into a chair. Gus remained silent. "May I stay?" Lindsay asked.

"Of course, I'm sure Gus will feel much more comfortable with you here." Lindsay smiled and sat in the chair next to Gus. "Does Gus understand why he is here?"

"I'm not sure he really gets the true meaning of what's going on but he will try to answer your questions."

The judge nodded. "Do you love your daddy, Gus?" Gus nodded. "That's good. Have you been seeing more of him lately?" Gus nodded again. "You're very talkative," the judge teased.

Gus smiled and studied this lady. "Can I go home now?" he asked.

"Not just yet, Gus, the judge has some more questions," Lindsay explained.

Gus frowned but nodded his head.

"Gus, have you been seeing your other mommy on a regular basis?" the judge asked.

Gus frowned harder and shook his head.

"Melanie has been very busy with Jenny Rebecca, but I take Gus to see her at least once a week," Lindsay said trying to defend Melanie even at this point.

"Does Melanie make an effort to come see Gus?"

"Not as much as Gus would like," Lindsay admitted slowly. "Isn't that right, lambskin?"

Gus looked at his mother and bit his bottom lip. When he did that, he looked so much like Brian that both women had to smile.

"Gus, would you like to see more of your mommy Melanie?" the judge asked.

Gus frowned some more and shrugged.

"Would you like to see more of your daddy?"

"Yeah, I want to go to the zoo with daddy. He promised for next weekend," Gus said with a smile.

"Does your daddy keep his promises?"

Gus frowned and Lindsay held her breath. "My daddy doesn't say things unless he means them," Gus said emphatically.

"That's a very good thing for your daddy to do," the judge agreed. "I think that will do for today. You've been very brave and very honest, Gus. Thank you for talking to me."

Gus beamed at the judge. He liked being praised and he had done his best to answer the lady's questions. He wondered what all this was about, but nobody told him anything. "You're welcome," Gus said after a bit. He slid down from the chair.

"Goodbye, Gus. I'll see you in court tomorrow, Ms Peterson." Judge Whittaker walked them over to the door. She took Gus' hand in hers and shook gently. Gus looked extremely pleased as he shook back.

"Goodbye," Gus said as the judge opened the door for them. He felt very grown up having talked to this stranger and answered all the questions that had been asked of him.

Lindsay took Gus' hand and they started walking down the hallway. When they got to the elevator, Lindsay pushed the down button. As they waited for the elevator to arrive, Lindsay squatted down beside Gus.

"You did a great job, Gus," she said gently giving the little boy a big kiss on the cheek.

Gus frowned. He wasn't sure what exactly he had done, but everyone seemed to be very pleased with him. He smiled up at his mother as the doors to the elevator opened.

"I think you deserve a big reward," Lindsay said. "What would you like?"

"Ice cream," Gus stated without hesitation.

"Ice cream, it is, and maybe if we call daddy he will come join us."

"Yay!" Gus crowed.

Lindsay knew they were doing the right thing. All that had to happen now was for the judge to make the correct ruling.

Custody

Part 6

Justin tugged on Brian's tie pulling him out of the elevator. They had been kissing and groping and rubbing all the way up to their floor.

"Come on, old man," Justin said as he tugged harder. "I've got plans for you."

"You better. I need to work off all those calories from the fucking sundae Gus made me eat."

"He was so cute trying to look all grown up while he was telling us about talking to a judge."

"Yeah," Brian said with a soft smile playing around his lips. "He's some kid."

"And he did great from what Lindsay said."

"As great as we could hope for," Brian agreed while unlocking the door to the loft.

"Don't sound so down. I'm sure you're going to get your rights back."

"From your mouth…"

"Brian, with Debbie's testimony and Gus' good words about you, it's going to be fine."

"When did you get to be such an optimist?"

"It sure as shit wasn't from hanging around you," Justin said yanking Brian into the loft and slamming the door.

"Am I really that much of a downer?"

"I prefer to think of you as a challenge."

Brian smiled slightly, and then a frown creased his brow. "Do you think I'm handing my pessimism on to Gus?"

Justin sighed. "Gus is too young to really understand pessimism … or snark for that matter. Gus loves you and in his eyes you can do no wrong."

"Then I guess I better be careful about how I act around him," Brian said with a worried look.

"Just be yourself and love him back. That's what's most important."

"You should write a book of philosophy," Brian said with a twinkle in his eye.

"Don't you mean a book of wearisome clichés … to quote someone who shall remain nameless?" Justin retorted.

"No, that's not what I mean. I appreciate your advice."

"Are you trying to kill me?" Justin asked clutching his chest.

"What?" Brian demanded looking put upon.

"I can't believe you actually said that you appreciated my advice!"

"Is that what I said? I think you heard wrong," Brian chuckled.

"Bastard! I'm going to fuck you into the mattress. Get up here!" Justin ordered removing clothes and making his way to the bedroom.

"I beg your pardon," Brian said with that condescending tone to his voice.

"Oh, you'll be begging all right," Justin declared.

"Cocky little twat, aren't you?" Brian smiled.

"Only when I know I'm right."

"And you think you're going to fuck me?"

"I know it."

"I don't think so."

"You know you always say that and then you really enjoy it," Justin said flashing Brian one of his best smiles.

"Is that right?"

Justin nodded. "Come on. We'll take a shower and you can do whatever you want to me in there and then I get to top you in bed."

"Says who?"

"Says me."

Brian snorted and decided that since he liked the shower part of that scenario he would go along with it at least that far. Once under the warm water they lathered each other and scrubbed all the right places. Justin jerked Brian off until he was almost ready to cum. Before that happened Brian pulled Justin against him using a searing kiss to stop the hand action. Justin moaned into the kiss as Brian's fingers found his hole.

"Turn around, little boy," Brian ordered when he released Justin's mouth.

Justin gasped already on the edge. Sometimes Brian's kisses were almost enough to make him cum. He turned and leaned against the glass spreading his legs and offering up his beautiful ass.

Brian smiled and inserted a finger. Justin's head leaned back longing for another kiss. Brian was happy to oblige. The kiss lingered as Brian worked on Justin's hole opening him up for what was to come. When Brian finally entered him Justin was more than ready. He made soft grunting sounds as Brian plowed his ass, all the while pushing back and demanding more. Brian's beautiful cock filled him again and again until he was ready to explode.

"God, Brian, so good," Justin moaned as Brian upped the tempo.

Brian's hand reached around pulling Justin fully onto his cock. His fingers stroked along the boy's hardness making Justin pant. Brian held him against him issuing a series of rapid, short jabs into the spasming hole. Justin let out a huge groan and shot his load all over the glass. Brian was not far behind him. He held onto the suddenly limp boy as they each rode out their orgasm.

"Fuck, Brian! That was intense," Justin gasped as he turned his head seeking Brian's lips once again. They kissed long and slow as the waves of pleasure began to subside and Brian's softening dick slipped out of its desired home.

The water washed over them rinsing away any remnants of what they had just done. Justin reached for the shower door ready to get dried off. Brian grabbed his hand and pulled him against his body.

"I'm not done yet," Brian said with an evil grin.

"Yes, you are. It's my turn," Justin replied.

"You said I could do whatever I wanted to do to you in the shower. I'm not done yet."

"Are you going to make us stand here until the water runs cold, all so I don't get to top you?" Justin asked indignantly.

Brian grinned lasciviously. "There's lots of things we can do with the water off," Brian stated turning off the already cooling water supply.

"Then I'm getting out."

"You didn't specify that the water had to be running in the shower," Brian smirked his tongue in cheek.

Justin groaned. "So what did you have in mind?" he asked realizing that Brian had him over the proverbial barrel. He hadn't specified that they had to be washing or having the water running. He had merely said that Brian could have his way with him in the shower.

"I prefer to show you rather than explain," Brian grinned.

"Oh?"

Brian dropped to his knees and proceeded to give Justin an incredible blowjob that left the boy breathless and gasping for air from the intensity of his orgasm. Once he recovered enough to have a coherent thought, Justin reached for the shower door again. Brian's hand stopped him and Justin let out another groan. He now understood Brian's plan. Brian would do every trick in the book to make Justin come, fully expecting that at some point Justin would be too tired or too drained to want to fuck Brian.

Justin felt himself pushed back against the back wall of the shower where Brian began a round of kissing that was guaranteed to arouse even the most tired of dicks. In spite of himself Justin felt his cock harden as Brian continued to ravage his mouth. It got even harder as Brian's hand took hold and began to jerk him off. Justin panted and moaned into Brian's mouth that continued to assault his own. He came with another shattering orgasm.

"Brian," Justin moaned as Brian leaned against him to keep him upright against the back wall of the shower. His legs had suddenly turned to jello.

"One more for good measure," Brian said turning the shaky boy and leaning him against the wall. Brian readied his dick and slowly entered the boy. He would make this one long and slow and exquisite. Justin would be so exhausted at the end of it that he would be happy to fall into bed and go right to sleep.

That was exactly what happened as Brian guided Justin to their bed. The boy could hardly walk after his fourth orgasm in a very short span of time.

"Nighty, night, princess," Brian cooed as he drew the covers over them.

"Hmm," Justin replied before he drifted off to slumber land.

"Youngsters, built for speed not endurance," Brian chuckled to himself very satisfied how he had handled the situation.

However, the next morning, Brian awoke to the feel of a finger up his ass. Not long after Justin's dick followed, and the boy plowed him better than Brian remembered having been fucked in a long time. They both arrived at court with a well fucked look on their faces and a much calmer demeanor than they had left with the previous day. Lindsay looked at the two of them and smiled knowingly before giving Brian a hug.

"What?" Brian demanded.

Lindsay chuckled. "Nothing," she said grinning. She noted how gingerly Brian lowered himself into his seat beside his attorney.

Justin leaned across the railing and touched Brian's arm. The simple gesture was not lost on Lindsay as they all waited for the judge to appear. Melanie sat at her table with her lawyer. She didn't look as confident as she had in the past few days. Brian couldn't help but gloat a little bit. Maybe everything was going to work out as it should.

The door to the judge's chambers opened and everyone in the court held their breath as Judge Whittaker took her seat. She looked around the room and then cleared her throat.

"I am ready to rule on the matter of legal parental rights in the case of Gus Marcus-Peterson."

Everyone looked up at the judge waiting for her to continue. She hesitated for just a moment and then began again.

"This is not the usual type of case that comes before me. Since all of the parties involved happen to be gay, I thought at first that that might be the reason for the unusual aspects of this case." The judge stopped and looked around the courtroom studying Lindsay and Brian and Melanie. "However, I've come to realize that the homosexual factor has little to do with the problems involved. We have three people who entered into an arrangement in order to have children. Two of them, Ms Peterson and Mr. Kinney were longtime friends. The other, Ms Marcus, being the partner of Ms Peterson, agreed to the verbal contract of having Mr. Kinney father the child that would be produced."

The judge took a deep breath. "I used that word 'fathered' because Mr. Kinney is the biological father of Gus Marcus-Peterson. He will always be that, and that title cannot be taken away from him."

Brian looked at the judge and then glanced back at Justin and Lindsay who also had taken the judge's words as encouraging. He smiled just a little.

"However," the judge continued, "at some point after Gus was born Mr. Kinney agreed to relinquish his parental rights. I have the papers that he signed to that effect here in front of me. These are legally binding documents."

Melanie looked over at Brian giving him a look of triumph. Brian glowered in response and turned his attention back to the judge.

"That is why we are here today, to see if these documents should be overturned. There are a few reasons that might lead to such a course of action. Mr. Kinney claims that he gave up his rights in order to help the ladies get back together. That seems to have worked for a period of time, but we are now at the stage where the women have split, even though another child has been brought into the family. I hope I will not be adjudicating the future of that young lady one day down the line."

Michael and Melanie glanced at each other and shrugged.

"I have listened to conflicting testimony about the character of Mr. Kinney. It seems that he has a very checkered past, one which he does not deny. I have to say that I was impressed with the honesty and forthrightness of Mr. Kinney. Despite his past he claims to have changed and is now in a settled relationship. That is certainly to his credit. Furthermore, one of Ms Marcus' own witnesses has testified to these changes. I am inclined to believe that Mr. Kinney is making an effort to get his life together and really wants to be a part of his son's life as well."

Justin reached across the railing and squeezed Brian's shoulder. Brian let out a long breath. This sounded good.

"Having spoken with Gus who is a very bright and attentive young man, I have some things to say to all of you." The judge looked knowingly at Brian and Melanie. "Gus loves his father a great deal. He is looking forward to going to the zoo with you, Mr. Kinney. I hope you won't disappoint him."

Brian smiled and said, "I don't intend to." Melanie glowered.

"On the other hand Gus tells me that he doesn't see much of you, Ms Marcus. I realize you have another child now, but it is evident that Gus loves you and considers you his mother. I hope you are not going to disappoint your son."

"No, your honor," Melanie said softly realizing that the writing was on the wall.

"I find that there is no reason to prevent Mr. Kinney from having legal rights to his son. We can set up visitation schedules later, but Mr. Kinney is to have reasonable access to his son until that is done. I sincerely hope that the three of you can put your differences aside and consider what is best for Gus. You in particular, Ms Marcus, have some responsibility to be more civil with Mr. Kinney. For a man who has had no rights to the child he has done far more than many men who refuse to support their children regardless of what the court decrees. I find he has acted very responsibly in this matter."

Brian let out a sigh and smiled at the judge. He had gained everything that he had hoped for.

"One last thing," the judge said. "If things remain tense amongst you three, as I have seen in this courtroom, I may have to adjust this decision. I am prepared to review this case in six months. I hope to find a more settled and agreeable atmosphere in which Gus can prosper. You are very lucky to have such a beautiful little boy. That's all. We stand adjourned."

The judge got up and left the courtroom. Justin came flying around the barrier and grabbed Brian in a big hug. They were quickly joined by Lindsay.

Melanie watched them congratulate each other. Finally she could stand it no longer and advanced on the trio. Her chest heaved with anger.

"You all look so fucking smug," Mel yelled. "I hope you're happy, Lindsay, because you have just ensured that your son will be associating with this asshole for many years to come. That is, if we can be sure he'll be around, given his past track record." She spit the words at Brian.

"Oh, I'll be here all right," Brian barked. "If only to see you fuck everything up. Keep acting like this, and we may be back here in six months asking the judge to terminate your parental rights for Gus."

Melanie's mouth twisted into an ugly sneer. She bit back the harsh expletives she wanted to scream at the arrogant son of a bitch. Instead she stormed out of the court.

"Let's go see my son," Brian said with a smile. "I can't wait to see him."

"What are you going to tell him?" Lindsay asked.

"I could tell him that his bitch of a mother lost her court case. I'd like to tell him that he never has to see her smug face again." Lindsay and Justin shook their heads at him. "But I think I'll just tell him that I love him."

The three linked arms and made their way out of the court.