BRIAN 

Justin and I were sitting with Daphne in the courtroom, waiting for Lindsay to show up. Her lawyer was assuring the judge that she would be here. Daphne told us today was going to be Frank calling his witnesses and her cross examining, but if asked a question don’t answer unless she nods to.

“Doesn’t the judge expect me to answer?” I ask her.

“Yes, but he also knows that I'm here to advise you. I doubt he'll ask you anything except for clarification.” She tells me.

Justin’s family sat behind us, but only after smiling for the cameras. I watch as Lindsay finally comes in with Michael and Calvin. Frank walked over and started whispering, looking unhappy that she wasn’t here on time.

The judge looked at them with a frown. “Are you and your client ready?” He asks Frank.

“Yes, your Honor. We apologize for delaying everyone.” He tells Judge Roberts.

“It's hard to get places being pregnant.” Lindsay tells Roberts. 

“Since you've known about this for a month, I suggest you be on time. I have other cases waiting and delays put us all behind.” He tells her.

“It won't happen again.” Frank tells him.

“We are here in regards to the minor, Gus Peterson-Marcus. Mr Kinney is asking for full custody, along with supervised visitation for Ms Peterson. He is also requesting that Melanie Marcus retain guardianship of Gus Peterson-Marcus.” He tells us  

“Gus Peterson, I no longer feel Melanie’s name should be included.” Lindsay tells the judge. 

“Ms Peterson let your lawyer do the talking. Only speak when asked.” He tells her. 

“It just wanted…” Lindsay frowns when Frank pulls her to sit.

“Mr Kinney is the biological father and Ms Peterson is the biological mother. Ms Marcus was only a step parent to Gus Peterson.” Frank tells him.   

“Until the birth certificate states the change, we will go by the name on it. ” Roberts tells them, not happy at the interruptions.

“Yes, Your Honor.” Frank tells him.

“The child is currently living with Mr Kinney and his husband?” He asks.

“Yes, Your Honor.” Frank tells him.

“I have a letter from Gus, requesting that he be allowed to live with his fathers and to not have to see his mother.” Judge Roberts says, surprising all of us. “He did say in the letter that he didn’t tell anyone he was writing me.” He tells us. 

“Justin and Brian probably coerced him into writing it.” Michael tells Lindsay loudly. I had to bite my lip to keep from laughing when Roberts looked at Michael.

“Is there a reason you feel you had permission to interrupt my court?” He asks Michael.

“I think that Gus is being told to do things that he wouldn’t normally do. His father has an anger issue.” Michael tells him.

“You and I are going to have an issue if you don’t sit down and be quiet.” He tells Michael. Frank turns and points to Michael's seat.

“Now as I was saying, Gus wanted to explain why he feels being allowed to stay with his fathers is in his best interest…” 

“Father. NOT fathers, Justin Kinney might be married to Brian, but he is not my son’s father.” Lindsay tells him.

“Lindsay sit down and stay silent.” Frank orders her.

“I’m not going to let him keep calling HIM Gus’s father.” Lindsay says, pointing to Justin.

“And I’m not going to remind you again to let your lawyer speak for you. Mr Walls if this is how your client is going to conduct herself, she can do it in contempt of my court.” Roberts tells Frank.

“May I have five minutes to speak to her so I can make it clear to her to wait until you ask her a question?” Frank asks him.

“We are already behind and if my warning isn’t enough then we can dismiss this until she can control herself.” He warns them.

“It’s fine sir.” Frank assures him, looking at Lindsay.

“Reading the file, I’m concerned that Ms Peterson isn’t in a position to have more than the supervised visitation, but it also concerns me that Gus Peterson-Marcus doesn’t feel his mother is the best person to care for him. He feels with Ms Peterson trying to defraud Mr Kinney by saying the child she is currently carrying was his shows her inability to make sound decisions.” He looks at Frank.

“It was all a misunderstanding Your Honor.” Frank tells him.

“A misunderstanding by whom, the reporter Ms Peterson talked to, or Ms Peterson not understanding that Mr. Kinney wasn’t the father?” He asks him and Daphne.

“I have the reporter, who will testify that he only wrote what was told to him by Ms Peterson, and regrets not making sure to get the facts. He does record all interviews, and will make the tape available if you would like to hear it Your Honor.” Daphne tells him.

“Tell him that I would like the tape.” He tells Daphne. “Are you ready to call your first witness?” He asks Frank.

“Yes, I’d like to call Michael Novotny to the stand.” He tells Roberts. 

Michael walks up, smirking at me and Justin. He takes the stand and gets sworn in. I wanted to roll my eyes when they told him to tell the truth, because Michael wouldn’t know how.

“Mr Novotny, would you explain why you feel Mr Kinney is not in Gus Peterson’s best interest?” Frank asks.

“Mr Kinney’s lifestyle could harm Gus.” He tells him.

“In what way?” Frank asks.

“In the past he was well known on Liberty Avenue club scene. He drank to excess and did any drug he could get his hands on. It was common to find him in the backroom or even on the dance floor committing sexual acts. At any time you could find him with a variety of men and he didn’t care who saw what was happening in his loft. Recently, I went to the hospital upon hearing that he was there, and he flew into a rage when I expressed concern about his appearance. I ended up being slammed into a hospital wall and it took two people, one being his husband, to get him to release me. I worry that if he could hurt me, one of his closest friends, then what would he do to Gus if he got angry at him.” Michael tells him. 

I controlled myself, because Daphne told me it wouldn’t help if I got up and kicked his ass.

“What happened after they were able to save you from Mr Kinney?” He asks him.

“He threatened me and had me removed from the hospital. I was escorted out and warned that it could have been worse if not for people stopping him from hurting me.” He tells us.

“Who warned you?” Frank asks him.

“My mother and Ryder Boyd. I feared for my life. I never felt Brian would hurt me the way his father hurt him. I guess he really is becoming like the father that beat him.” Michael tells Frank.

“No further questions at this time, Your Honor.” Frank tells Roberts.

Daphne gets up and smiles at Michael. She was waiting her turn.

“Mr Novotny, when you showed up at the hospital, did you know that Mr Kinney had been there for two days with his son?” She asks him.

“Yes, I overheard a conversation and felt he needed his friends to be by his side.” He tells her.

“When you showed up, isn’t it true that you condemned him for being concerned for his very ill child and actually told Mr Kinney that he shouldn’t be at the hospital, but out partying?” She asks him.

“I might have said that he was doing things that he never wanted and that his life would have been better if he stayed true to himself.” Michael tells her.

“You felt that Mr Kinney needed to hear that being concerned about his child was wrong, and that he would have been better off without the child who almost died from an allergic reaction to medication? Did you really believe saying that to Mr Kinney when he’d been frantic to help his son breathe, was being helpful to him?” She asks him.

“Brian never wanted to be a father, he didn’t even bother with Gus unless Lindsay made him.” Michael tells her.

“Could you answer my question, why would you show up at the hospital and cause Mr Kinney more stress if you were concerned about him?” She asks him.

“He never wanted to be this person he became, and I needed him to see that if he hadn’t turned his back on his friendship with me, he wouldn’t have to sit there and pretend he cared about JUSTIN’s kid.” He tells her.

“You went to the hospital to try to get Brian to leave and be with you?” She asks him.

“He was ignoring my friendship and his responsibility to me.” Michael tells her as Frank covers his mouth with his hand.

“Isn’t it true that you want Mr Kinney to leave his husband because you feel he should be with you?” She ask him.

“He will never be happy with HIM.” Michael tells her looking at Justin.

“Mr Novotny, you testified that Mr Kinney could endanger Gus with his past lifestyle, can you tell us anything about his current lifestyle?” She ask him.

“No.” He mumbles.

“Can you speak up so that the court can hear you?” She asks him.

“I don’t know about his current lifestyle, because he no longer talks to me.” He tells her.

“Isn’t it true that until this last year he never introduced his husband to you?” She ask him.

“Yes, but that’s because he realized that it was a mistake and didn’t want to admit it.” He tells her.

“Yet he introduced his husband to your mother, stepfather, Gus, and his business partners. In general, to the important people in his life. Does that sound like he thought he made a mistake?” She asks him.

“If he didn’t tell his closest friends it does. He left us out and acts like we don’t matter to him anymore, and I know it’s because of Justin.” He tells her.

“So this is really about you being jealous that Mr Kinney found happiness with someone else and not you.” She tells him.

“He’ll figure out that his marriage is a mistake and then we’ll see, won’t we?” Michael answeres her, sneering.

“No further questions Your Honor.” Daphne tells Judge Roberts.

“Brian, you know it should have been me. He will never be what you want, but you threw me away for him.” Michael yells.

“Step down and take your seat, Mr Novotny.” Roberts orders.

“She made it sound like I was jealous, I’m not.” Michael tells him.

“Michael, SHUT UP.” Calvin tells him.

“Mr. Walls, I will not have my court turned into a circus by your witnesses.” He warns Frank.

“I would like to ask for a recess before continuing.” Frank asks.

“We can break for lunch and continue after. I trust that we will not have any more disturbances from your client and witnesses.” He tells Frank. 

Frank nods and hauls Lindsay off with him out of the courtroom.