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."

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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.