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.