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Still undefeated
With my back against the ropes
Still undefeated
You can knock me down with body blows
But you cannot break my hope

--"Undefeated," Daughtry

Two weeks after bringing Phoenix home, Ted was watching TV in the living room when there was a knock at the door. He had Phoenix in his arms as he answered.

Ted was shocked to see Michael Novotny standing on his porch.

"Damn," Michael said as he looked at Ted with the baby. "I was in town and heard the rumors, but I had to see for myself. What the fuck were you thinking, Ted? If you had to have a kid with your druggie boyfriend, you could have at least gotten a normal one, not some brain-damaged thing. What the fuck are you going to do with that? Bad enough you have Blake, now you'll have that mongoloid albatross around your neck forever."

Ted finally came out of his shock and slammed the door in his former friend's face without a word.

Looking down at his son, he smiled. "I'm glad you are too young to know what he said. Anyway, he is wrong. You are my son and you're perfect just the way you are, and you are very loved and always will be."

When Blake got home, Ted was feeding the baby in the kitchen. He looked up at Blake and smiled, but Blake could tell that something wasn't right.

"What happened? Is everything okay with Phoenix?"

"Our son is wonderful, but we had an unwelcome visitor today."

"Who?"

"Michael."

Blake's lips curled in disgust. "Michael? What the hell did he want?"

Ted repeated to Blake the filth Michael had spewed.

"Are you going to tell the others?"

"No. He likes attention. Even if it's negative attention, it's still attention. He knows that if I tell Brian, Emmett, or Deb what he said that at least one of them would probably call him to chew him out. I'm not going to give him that satisfaction. We have our wonderful son and he has nothing. I'm not letting anyone or anything spoil our happiness."


Ted received a phone call from Melanie the following week. The court hearing for the motions for expungement and adoption was two weeks away, and Melanie wanted to talk to Ted about what he could expect.

They had been talking for several minutes before Melanie brought up something Ted wasn't expecting.

"By the way, um... I received a copy of a letter the court received, detailing both yours and Blake's drug usage."

"What?" Ted asked, shocked that someone would butt in like that.

"The letter, of course, omits the fact that the both of you have been clean and sober for more than eight years and that Blake is now a licensed counselor."

"Who the fuck wrote it? This could cause us to have Phoenix taken from us, couldn't it?" Ted asked, scared that he and Blake would lose the son they had come to love so deeply over the past few weeks.

"It's signed ‘A Concerned Citizen'. There is only one person we know who would have written something like this."

"Michael," Ted said with a groan.

"I'm surprised it wasn't written in thought bubbles."

Ted told Melanie about the visit he'd gotten from Michael, where the man had berated him for wanting to adopt a child with Down syndrome.

"That son of a bitch," Melanie said through gritted teeth. "Don't worry, Teddy. Nothing will come of this letter, especially since you have both been clean and sober for so long. Don't forget who you have on your side when we go to the hearing, four of the A-Gays of Pittsburgh, who can all attest to the fact that you and Blake turned your lives around. I'd rather not tell Deb about this, because it will just upset her. She is beyond fed up with Michael and his antics."

"I don't know what I'll do if that asshole ruins this for us. I would need you to represent me at the murder trial. Would you charge me more than a dollar for that?"

"Don't worry, okay? I'll be down there the day before the hearing. I can't wait to meet my nephew."

"Thanks, Mel," Ted said, glad he befriended a lawyer.


Melanie, Ted, Blake, Brian, Justin, Emmett, and Drew marched into the courtroom the morning of the hearing. The hearing almost had to be postponed because the judge that was assigned to the case had come down with the flu, but they found another judge who was available.

Melanie, Ted, and Blake all took seats at the defense table in front of the judge's bench.

"Do you know who the new judge is?" Ted asked, hoping it wasn't a homophobic asshole who would find some reason not to let his record be expunged.

"No, I only found out about the change in judges because the court reporter sent me a text about it. I'm just hoping it's someone who is fair."

"It better not be that Regular Roy asshole," Brian said from his seat in the gallery, cracking a smile while recalling what he had done to him.

"He retired when his term ended last year," Melanie said, to everyone's happiness.

As the bailiff opened the door for the judge to enter, Melanie breathed a sigh of relief when she saw who it was. She knew this man was very fair and had no problem with gays. The others were relieved when they saw her reaction.

Judge Dennis smiled and nodded for everyone to be seated.

"We will be addressing two separate but related matters here today, just to make things quicker and easier for everyone. I understand that Blake Wyzecki and Theodore Schmidt wish to adopt Mr. Wyzecki's nephew, and they wish to name the baby boy ‘Phoenix Brian Schmidt.' I have a copy of a Canadian marriage license for Mr. Schmidt and Mr. Wyzecki, which leads me to believe that these gentleman live as a married couple and plan to raise the child together. I also have a copy of the mother's relinquishment of parental rights paperwork and an affidavit from her stating that she wants Mr. Wyzecki and Mr. Schmidt to adopt her son. However, Mr. Schmidt has a 2003 conviction for Contributing to the Delinquency of a Minor, a third-degree felony.

"Mr. Schmidt, by his attorney, has filed a motion to have that conviction expunged, knowing this conviction could inhibit his ability to adopt the baby. Indeed, while a felony conviction does not always bar someone from being granted an adoption, a conviction such as this, along with the circumstances of the original criminal complaint, would possibly make the court decline to grant an adoption. The case manager for this orphan child wrote a report expressing her concern in recommending the child to be adopted by Mr. Schmidt, as long as he has this conviction on his record.

"I have read all the statements, both pro and con, received by the court in this expungement petition. I also read the complaint filed in the felony case. Before I make my decision in this matter, I have a few questions. This isn't a formal trial, so when I call your name, just stand and answer the questions I ask. First, I'd like to ask Mr. Schmidt a few questions."

Ted took a deep breath and stood. "Yes, your honor?"

"My understanding is that you were charged with the sexual exploitation of a child, since you allowed a person under the age of eighteen to view people performing sexual acts for a pornographic website you operated. Could you explain what happened prior to you being arrested in your felony case, specifically how you came to hire this young man and what his job was?"

Ted explained that when he hired his assistant Edward "Eddie" Malone, the young man had given him his ID that said he was eighteen years old. Ted had no reason to question the legitimacy of the ID. After his porn studio had been raided by the Pittsburgh Police, it was found that Eddie's ID was fake and that he was actually seventeen. Ted resisted the urge to say that it was only because of Jim Stockwell's vehement desire to rid Pittsburgh of gays that his studio was raided, as Melanie had coached him prior to the hearing. He did include the fact that Eddie was only his production assistant, that he never participated in any sexual acts and never appeared on camera. Once Ted was finished explaining how it had happened, the judge nodded.

"Okay, next I have a couple of questions for Brian Kinney."

Brian stood. "How can I be of service, your honor?"

"Mr. Kinney, how long have you known Mr. Schmidt?"

"I've known him since my early twenties. Melanie Marcus, Ted's attorney, was dating a friend of mine and had decided to introduce me to her friend Ted, hoping to fix us up. She did that so I wouldn't have as much time to hang around her girlfriend, Lindsay... she was more than a little jealous of our friendship."

Brian looked over at Melanie, who had her back to him. He noticed her fidget in her seat.

"There was no amorous attraction, but Ted was a nice guy and we became friends. He is now the CFO of my advertising company, Kinnetik, as well as my personal accountant. I have complete trust in him."

"My understanding is that Mr. Schmidt is a prior user of methamphetamine," Judge Dennis said. "Were you friends with Mr. Schmidt when he was using drugs?"

"Yes," Brian confirmed. "It was a tough time in Ted's life. He had just made his guilty plea in the delinquency case, which forced him to shut down his website. He lost a home he was planning to buy and had very little career prospects. Ted only used drugs for a few months before he hit rock bottom and went to rehab. He hasn't used drugs or even had a sip of alcohol, that I know of, in nearly a decade. I wouldn't keep him as an employee or my accountant if he was still using."

The judge then asked Brian, "Do you know of any reason that should prevent me from granting Mr. Schmidt's petition to expunge this conviction from his record and grant his petition to adopt this child?"

"No, I don't, your honor. I think he will be an excellent father."

Ted turned his head to look at Brian, and they exchanged warm smiles.

"Thank you, Mr. Kinney, you may take your seat."

After that, Judge Dennis addressed a few questions to the others who had sent affidavits to the court and were present. Justin, Emmett, and Drew all vouched for Ted being a sober, upstanding citizen. Blake confirmed that he and Ted were many years clean from drugs and that they wished for nothing but to provide a loving home for Phoenix.

Judge Dennis looked around the room. "I see here in the file that there is a letter from ‘a concerned citizen' who is against Mr. Schmidt and Mr. Wyzecki adopting this child. Is that person here?"

Everyone turned their heads to look around the room. Michael was smart enough to stay in whatever hole he was living and not come to court that day.

The judge then said he would take a short recess to make his decision. Once he had left the courtroom, they all went into the hallway to wait.

Brian looked at Melanie and asked the question on everyone's mind. "You looked relieved when you saw who the judge was. Why?"

"Because Judge Dennis is the fairest and most unbiased judge in the county. He makes decisions based on the facts of a case, not his personal opinions. The best part is, he can't be bought. He has even turned in people who were his friends when he found them taking bribes. He really is the best judge you could hope to get."

Emmett and Drew had to go home, since Drew's mom was watching Lyla and Sawyer and had to leave soon. They wished Ted and Blake their best and made them promise to call as soon as the ruling was made.

Not long after, they were called back into the courtroom. Blake nervously held Ted's hand, hoping that things went their way.

Judge Dennis looked at Ted and Blake as he entered the courtroom. Seeing the distressed looks on their faces, he quickly smiled at them.

"Everyone please be seated, except for Mr. Schmidt."

Ted remained standing, one hand still holding Blake's and the other braced on the table. He felt like he was going to pass out.

"I have reviewed all the evidence and have concluded that the record of this felony conviction should be expunged," the judge said. "I read in the police report that the ID the minor provided to you was very well done. It would have taken an expert to see that it wasn't legitimate. You have maintained a clean record since this charge and I am confident that you will continue to walk on the straight and narrow... no pun intended."

Everyone in the room chuckled at the judge's joke.

"Ms. Marcus, if you have the adoption papers ready, I will gladly sign them so that these gentlemen can get home and celebrate with their son."

Melanie got out the papers and carried them over to the judge, who signed them. Melanie gave a signed copy to Ted with a big smile on her face.

"Congratulations to both fathers. Go home and love your child."

"Thank you, your honor," Ted said as he wiped the tears from his eyes.

With that, Judge Dennis left the courtroom while Ted and Blake cried and hugged.

Melanie hugged the new fathers and packed up her briefcase. She needed to leave for the hotel since she would be flying back to Canada that evening.

Justin went over to Blake to give him a big hug and congratulate him. While Blake and Justin were talking, Brian asked Ted to walk with him to the back of the courtroom.

"Theodore, I know Blake is finishing up his residency now and needs to concentrate on that, and well, I don't want my godson to be left with just anyone during the workday while he's still so young," Brian said quietly. "I know you'll have to see several specialists to check on his condition, probably during business hours. I have hired a temp with years of accounting experience to cover for you at Kinnetik for the next six months so you can be home with your son. You'll be paid your regular salary during that time, so you won't have to worry about bills. I have also made sure that everything you need, as far as additional medical insurance, is taken care of for Phoenix. There will also be someone contacting you from Early Intervention about extra therapies for him. Anything not covered by insurance will be taken care of by Kinnetik. I want to make sure that my namesake godson has the best available help he can get."

Ted stood there with his mouth open while Brian spoke, shaking his head at his friend's generosity. Trying to hold back tears, he finally said, "Thank you, Brian, for everything. I know I could never repay you for this..."

"You're welcome, Ted. Kinnetik wouldn't be what it is today without you and your years of hard work. Hell, it wouldn't have become a real company without the help you gave me in the early days when Wertshafter almost lost us our first big client, when it was just me and Cynthia working in that moldy old bathhouse. Just take care of that precious little boy and don't worry about a thing."

Walking back to where their twinks were talking, Ted looked at his husband. Blake looked back at Ted, knowing that something had happened. Ted looked like he was trying not to cry, leaving Blake to wonder what Brian had done this time.

When they got in the car, Blake finally asked Ted, "What were you and Brian talking about back there?"

Turning to his husband, Ted smiled and answered, "I'll explain everything to you once we're home, but just know that it's a good thing. Right now I just want to get home and hold our son."

Phoenix was sleeping when they got home. After they had thanked Margaret for watching the baby while they were gone and for all the help that she'd given them so far, they told her the good news about the adoption. Margaret soon went home so Ted and Blake could celebrate.

They took the baby monitor and sat in the living room to talk. Ted told Blake what Brian had said to him at the courthouse. By the time he was finished, both men were in tears at the generosity Brian was once again showing them.

"We're so lucky to have such good friends," Blake said as he snuggled up next to his husband.

Ted nodded and wrapped his arms around Blake. "We're lucky to have each other, too."

 

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