If you thought the last chapter was angsty… you ain't seen nothing yet. Okay, I need you to understand that I am not a lawyer, or law student. I know nothing of how custody battles work and I am not going to pretend that anything you read is this story is based in reality. This story is meant to cause you to cry and feel sorry for Kurt, so I did what I wanted to him, whether it was possible or not. So… yes, I know it's not plausible. Also, I don't own anyone in this story that you recognize. Thank you so much for reading. I love all my readers so much! xoxo
"I don't want to wear the itchy suit," Xander whined, tugging grouchily at his collar. Kurt knew part of it was that he didn't want to wear the suit and the other part that he was scared out of his mind. He may only be four, but when his grandparents fly in from Ohio in the middle of the night, and when his father stopped crying and instead was yelling furiously into the phone every ten minutes, he could figure out something was terribly wrong.
"Come on, Ace, it makes you look sharp," Burt tried to soothe his grandson who hadn't let go of Kurt since they arrived two days before.
"You look like your Papa," Carole said, trying to coddle him, but she gasped and could have kicked herself when both Xander's and Kurt's eyes filled with tears. Kurt kneeled down in front of Xander, putting his hands gently on his shoulder and wiping away the tear that trickled down his son's cheek.
"I know you don't want to wear it, Baby, but I need you to, just for today," Kurt knew that was probably a lie, but he would take it a day at a time. Xander stuck out his bottom lip, but nodded in agreement, that would always be something Kurt was grateful for, Xander had always listened to him. "Hey, do you remember how we talked about how no matter what happens today, no matter what you hear, I love you more than anything else in the universe?"
"More than the stars?" Xander asked, and Kurt couldn't help but smile softly.
"Way more than the stars," Kurt claimed, picking Xander up and holding him tightly in his arms.
"More than the moon and back 100 times?" Xander asked, starting the game they had played whenever Xander was scared or hurt.
"More than the moon and back 100,000 times," Kurt promised, kissing his son's forehead.
"More than all the water in the ocean or the grass on the ground?"
"So much more than that," Kurt replied. Xander laid his head on Kurt's shoulder and sighed softly,
"Good, I love you too, Daddy." Kurt looked at his own father who was gruffly wiping tears from his eyes, pride, love and sadness shining in them.
"Come on, we need to be there in an 45 minutes, might as well make as good impression as I can," Kurt said, his voice thick with tears at the thought that his child could be taken away from him.
"They aren't going to take him, Kurt, you are an amazing father," Burt said, clapping his son on the back.
"Dad, I am a gay man whose child isn't biologically mine, and his biological father, my husband, just died. They are a straight, wealthy couple, who is more than capable of raising a kid. I think I can use all the help I can get," Kurt said bitterly.
"NO Daddy!" Xander cried, "I only want you! I don't want them, just you." Kurt flinched as he realized what he had been saying.
"I'm sorry," he said gently, shushing his son and he clung to his neck like a lifeline. "It's all right, it's ok, I don't care if I have to kick every person in New York's butt, I won't let them have you. Ok? Pinky promise," he pushed Xander's torso away from his so he could offer his pinky finger to him. Xander looked at the finger before looking at his father, who had fixed his face in a warm, kind expression. Kurt had never broken a promise to him, so he could only trust that he wouldn't now.
"Kay," he said, linking his smaller finger in his father's bigger one. Before releasing it and wrapping his arms back around Kurt's neck.
That is the way they stayed until they got to the courthouse, outside was Jon's parents, the people who were trying to take Xander. So was Jon's sister, Claire, that didn't make sense, Claire had been the only family member to support Jon and then Jon and Kurt once they got married. In fact, she was the only person that had met Xander, his biological grandparents never had.
"—Are being stupid!" Kurt heard her growl at them. "Kurt is the best father I have ever seen! And if this is a gay thing, I swear I will tell every lawyer, judge and cop in this fucking city that YOU wouldn't know good parenting if it kicked you in the fucking teeth! You kicked your own son out when he was 15 years old and now you think some judge is going to give you custody of a kid you've never even met?"
"Just because Jon was…lead astray, doesn't mean our grandchild has to suffer the same fate." Mr. Burman sneered. "We are willing to hire the best attorney in the country if it comes to that." Claire stared at her parents in disgust and disbelief and was about to continue yelling when Kurt interrupted.
"Claire," Kurt called, getting his sister-in-law's attention, Claire's face softened and she ran into his arms, now that Carole had forcibly taken Xander away from the words of Jon's parents.
"I am so sorry this is happening. I'm sorry, I haven't made it to your house yet, I just…" Claire had tears streaming down her face, and once again so did Kurt,
"You have nothing to be sorry for, none of this is your fault, and you need time to grieve as well, he was your brother, you lost him too." Kurt's voice cracked and Claire held him tighter and for a moment Kurt was just a grieving widower again and wasn't being sued for his child.
"Where's my favorite nephew," Claire asked, sniffing as she pulled away.
"Aunt Claire!" Xander cried when Carole carried him back up to the group.
"Hey little man, you get bigger every time I see you," she cooed, taking him as he flung himself out of Carole's and into Claire's arms.
"Daddy made me wear this itchy suit," Xander accused, crossing his arms. Claire chuckled lightly,
"Well I have to wear this silly dress, so I guess we're even." Kurt smiled as Xander giggled and hugged Claire once more, he'd forgotten, if only for a moment, that every adult around him was upset.
"Come on, we'd better head on in there," Burt interjected, motioning to the courthouse. And just like that every face fell and Xander whimpered softly, reaching out for Kurt, who took him, needing to have his child in his arms.
As they stood in front of the judge, Xander gripped Kurt's leg as if it was life raft. Jon's parents stood with an air of arrogance and superiority that sent shivers down Kurt's spine. He truly didn't understand how someone as wonderfully kind, funny, selfless and loving as Jon could come from people as hateful and cold as Mr. and Mrs. Burman. The judge eyed Kurt and Xander up and down before looking at his in-laws, who had an attorney next to them, Kurt had decided that he wouldn't hire a lawyer unless needed.
"Case 389, Burman Vs Hummel-Burman for the custody of minor Alexander Christopher Hummel-Burman." The clerk called out, reading from the folder in front of her.
"On what grounds is Mr. Hummel-Burman, who I see here, has complete legal rights to the child, being sued?" The judge asked the Burman's lawyer, who glanced at the man who sat next to him, before turning back to the judge. This man seemed to be unsettled about the whole thing, he was around Kurt's age and he had dark what could have been curly hair if hadn't been gelled down within an inch of its life. His face carried a look of displeasure and empathy, though whether it was for Kurt or the Burmans, Kurt couldn't tell.
"I am here to prove your honor that in light of the tragic death of the child's biological father, Jonathon Theodore Burman, his husband, Mr. Kurt Hummel, is an unfit parent and a grieving child should be with his biological family." The lawyer spouted, Kurt gritted his teeth, but kept quiet, his father however,
"That is complete and utter bullshit, Your Honor," Burt growled angrily. "These snobs have never even met Xander, and now they think they can take him for the one parent he has left! I think they should be in a godda-" Kurt grabbed his father's arm, begging for him to stop before he made it worse. Kurt looked back at the judge,
"I apologize for my father, Your Honor, it has been a rough couple of weeks on all of us." The judge nodded in approval before his eyes fell on the four year old still clinging desperately to his father.
"This is a rather unconventional case, something I have never had to face before, I would therefore like to allow this to go to trial, to be sure I am putting this little boy in the best situation I can." There was a soft gasp of victory from Mrs. Burman and a grumble of anger from Claire. Kurt felt as if his insides had been ripped out as he stared at the judge, horrified.
"As usually goes with custody cases I would like to turn over Alexander to the state until custody can be granted,"
"NO!" Claire and Carole both yelled, the judge looked at them expectantly.
"With all due respect your honor, this little boy just lost one father, you can't take him away from the other," Claire begged, but it fell on deaf ears.
"I am sorry, Miss, but I cannot run the risk that Mr. Hummel Burman will cross the border with the child. And so he must go to the state,"
"I'll take him Your Honor," a voice from the Burmans' table rang out. Kurt snapped his head to the man with the gelled hair, he was a nice looking man with soft brown eyes and a gentle smile, but that didn't make Kurt want to give him Xander anymore.
"Mr. Anderson?" The judge asked mildly confused,
"I am completely neutral in this case and I think staying with me would be a better option of Alexander than a group home, especially considering the recent loss of his father." The judge nodded in agreement and smacked his gavel down on the desk,
"Attorney Blaine Anderson will keep the child until the trial, next Monday morning the 18th of September, 8am sharp. I expect you understand, Mr. Anderson that neither party is to see the child until that date." Xander was sobbing as he squeezed Kurt's neck, his legs in a death grip around Kurt's waist, Blaine nodded. "Mr. Hummel-Burman, you can take your son home to pack, but he must go with Mr. Anderson tonight." Kurt let out a few choking sob, shaking his head,
"So I am just supposed to hand my son over to a completely stranger, and what? Hope he's not a molester or a child murderer?"
"Mr. Hummel-Burman, Mr. Anderson is a respected attorney of the United States Justice System, and you will treat him as such!" the judge scolded, but Kurt wasn't ready to step down just yet.
"I don't put much weight on a system that treats me like a lesser citizen because I am gay than they would if I was straight so excuse me for not bowing down at his feet." The judge was about say something else but Blaine stepped forward, shaking his hand,
"Your Honor, I completely understand his concern, he is a man who loves his son, and he's never met me before in his life, I think he is allowed to be a little apprehensive." Kurt looked up at Blaine, his eyes narrowing in skepticism, was this a trick, or was this man as genuine as he seemed? "How about I come to your home a little early, spend a couple hours with Alexander and you, and if you decide I have some sort of ulterior motive, we'll call Judge James, and get a social worker to come get him instead?" This time Blaine was speaking directed to him. Kurt looked at Xander who whined softly and shook his head before reburying it in Kurt's shoulder, soft cries escaping the four year old. Kurt flinched but nodded to Blaine then looked up at the judge,
"All right Your Honor." Xander wailed in protest, but Kurt held him close, "Shhh, baby, it's ok, you're going to be ok." He promised, but Xander just clung tighter to Kurt, tears drenching Kurt's suit.
"Dismissed until next Monday," Judge James said, allowing Kurt to take Xander out of the courtroom. Kurt shushed him gently, rocking him back and forth as Xander sobbed in his arms. Kurt's own eyes filled with tears, he shut them tightly as Burt and Carole joined him, both looking at him sympathetically.
"Alexander," a voice said softly, causing both father and son to snap up to it and glare, an identical scowl.
"My name is Xander," Xander bit, knowing he would probably get scolded for being mean to the lady, but he could take what he got.
"I'm your grandmother," she said, not fazed by Xander's disrespect.
"No you're not, Granny is, and Daddy's other mommy went to heaven when he was little, like my Papa did." Kurt looked at Burt and Carole and had to fight back a proud smile,
"I'm your Papa's mother," Mrs. Burman explained, though she was now looking at the Hummels slightly annoyed that they were not helping her. Xander looked at her for a minute before shaking his head,
"No, Papa said you didn't love him because he loved Daddy, and that means you aren't his parent." Kurt kissed his hair gently, brushing it out of his face. "Why didn't you love my Papa?" Xander asked, feeling bolder, not that he knew his father wasn't angry at him. Kurt and Burt glared at her, daring her to talk down about Xander's father.
"It's complicated, Sweetheart," she claimed, not missing Kurt's scoff.
"I don't like you," Xander growled, Burt let out a snort of laughter, only to earn a look from Kurt that stopped him.
"Xan, that's not nice," Kurt rebuked him. Xander's face fell but he tightened his grip on Kurt, for he really didn't like this woman.
"Sorry," he muttered.
"He's got a good judge of character," Claire claimed, sneering at her mother.
"Mr. Hummel Burman?" Blaine's voice interrupted the tension. Kurt turned to him and sighed heavily,
"Mr. Anderson?"
"I'll be at your house at 4 this afternoon, is that all right?" Kurt rolled his eyes,
"No, but since I don't have a choice I suppose it'll have to be fine." It looked for a moment that Blaine was trying to fight a smile, but instead he nodded and then nodded politely to the Burmans before turning to leave. Xander studied Blaine for a moment before looking at Kurt and smiling softly. "What?"
"He's nice," Kurt looked at him confused, not five minutes before Xander had been sobbing at the thought of going with him, and now he was calling him 'nice'.
"Mmmhmm," Kurt raised an eyebrow, and Xander buried his face in Kurt's neck shyly. "All right, time to get you home, you need to pack for your sleepover with Mr. Anderson." This caused Xander to whimper again, holding tighter to his father's neck. "Pleasure to meet you," Kurt said, as cold as Burt had ever heard his son. "Bye, Claire, thanks for coming, he would really have really appreciated it." Claire hugged Kurt as best she could with Xander in his arms, before kissing Xander's cheek.
"Call me if you need anything," she demanded, Kurt nodded,
"Bye Auntie Claire." Xander waved as Kurt and his own parent exited.
It was 3:59 when there was a knock on the door and Kurt bit his lips hard enough to stop the tears and draw blood. Xander curled his body as close to his father as he could get, knowing what would soon be happening. Burt glowered at Blaine for several seconds before stepping aside, though Blaine hesitated; he had faced the toughest, meanest attorneys and clients, but none of them compared to the look on Burt Hummel's face in that moment.
"Mr. Anderson," Kurt greeted him, his tone somewhere in between ice and fire.
"You can call me Blaine," Blaine offered. Kurt held out his hand, realizing he hadn't properly shook the man's hand yet.
"Kurt," he said sharply, kissing Xander's cheek, before making him stand up. "Run to your room, clean up any toys you had out," Kurt knew Xander didn't have any toys out, so did Xander, but he also could tell Kurt wanted to talk to Blaine so he went in his room, Carole following quickly. "Why are you doing this? What do you get out of it?" Kurt asked coldly.
"Nothing, you don't want him in a group home, trust me," Kurt gave him a look that would have frozen a volcano.
"The only place I want my son is in his home, with his FATHER, so tell me what is in it for you?"
"Honestly, nothing, I know what it's like to be the kid in the middle of a custody battle. I know what it's like to be ripped from a safe loving home and shoved around like luggage, so if I can spare Xander that…" Kurt softened ever so slightly as he looked Blaine up and down, still unsure what to think, though his gut had an ok feeling about this man. "Xander has one up on me though, his has a parent that actually wants him as opposed to two who use him to hurt each other." Blaine admitted, Kurt could tell the moment he said it he wanted to take it back, but Kurt almost smiled, not sadistically but comforted that maybe this man really did just want to help.
"Have you ever worked a case where the parent wasn't biological?" Kurt asked, needing to know the chance he stood.
"Only one, the mother was a drunk and the stepfather was trying to get custody," Blaine paused, meeting Kurt's eyes and almost overwhelmed by the beauty and pain in them. "Um- the maternal grandparents were given custody,"
"What the hell?" Burt roared, causing Blaine to psychically cower in fear. Kurt shook his head sternly before wiping away the tear that fell.
"What do you think are my chances? Honestly," Kurt asked.
"If you don't get custody I will quit, because it means the justice system has completely failed." Kurt rolled his eyes,
"I think the justice system failed when there are still 38 states where I can't get marry." He looked at Blaine who had a strange expression and he knew it was probably judgement. "Ah, sorry, I'm sure you have a lovely wife at home and aren't interested at all in my political opinion."
"No, it failed me in the same way," Blaine admitted, watching as Kurt's face changed to one of shock and almost relief. "And no boyfriend, or husband, I'm just an old bachelor who spends his time reading law books or Harry Potter."
"HARRY POTTER?" Xander squealed, sounding more like the four year old he was than Kurt had heard in two weeks. "You like Harry too?" this time he was shy, as if thinking he'd reacted in a way he shouldn't have.
"I love Harry," Blaine replied, turning to Xander who approached him slowly. "Who's your favorite character?" Kurt stared at Blaine, as his face was warm and his smile genuine and Kurt realized that as horrible as their situation was, maybe he'd gotten the best deal he could.
"Ron," Xander claimed, Kurt chuckled,
"Last night it was Hagrid."
"Hagrid too!" Xander corrected, Blaine smiled,
"My favorite is Lupin, wanna know why?" Xander nodded tentatively, "Because he likes his steak on the rare side." Xander giggled as Blaine had put on a funny voice to sound more wolf-like.
"I'm still sad they left Charlie out of the movies, he's the only Weasley not shown," Blaine raised his eyebrows.
"Whoa, a book lover not just a movie fan," Xander shook his head proudly,
"Daddy reads it every night before I go to bed, he does voices and everything." Kurt smiled softly, praying that soon he'd be reading Harry Potter and the Half Blood Prince, using silly voices, to his son for the third time straight.
"He's a good daddy, huh?" Blaine asked, Xander grinned at Kurt who smiled back,
"He's the best ever," then he paused, "Well one of the best, Papa was great too." Suddenly with all the goings on of the day, Xander collapsed in tears for Jon, falling into Kurt's arms. Kurt scooped him up, holding him tightly.
"Remember what I told you, he's always with you, all you have to do is think of him and he'll be there," Kurt pulled away and carefully wiped his son's tears. "And when you're with Mr. Anderson, just remember, I'm always with you too, right here," he put his hand over Xander's heart. "And you are always right here," before taking Xander's hand and putting over his own heart. Xander nodded, wiping his face roughly,
"If I'm really good for Mr. Anderson, can I come home tomorrow?" This time Kurt was the one crying,
"No, Bud, not tomorrow, soon though, I promise." Xander sniffled and once again buried his face in Kurt's neck. "Hey, I'll bet if you ask really nice, Mr. Anderson would read you some of Harry," Kurt met Blaine's eyes, begging desperately to give his child some sense of normalcy.
"I absolutely will, I probably won't read it as good as your Daddy reads it, but I will try," Blaine swore, as Xander looked at him, his face still pressed against Kurt.
"Will you let me eat ice cream for breakfast too," Xander asked, wondering just how much he was going to be able to get out of Mr. Anderson.
"I could," Blaine said before smirking slightly, "But I'm not going to."
Two hours passed far too quickly for really any of their liking. Kurt knew now that Blaine wasn't out for anything other than doing a good deed, but it didn't allow Kurt to let his guard down entirely. He held Xander as tight as he could when the time came to say good-bye, kissing his son's hair.
"Daddy, promise me you'll love me forever, no matter what," Xander requested, turning his head to kiss Kurt's shirt.
"I promise, as long as you promise me the same," Kurt didn't mean for his voice to crack but all day he had been on the verge of a mental break down, so, he wasn't all that surprised.
"I promise," Xander sniveled into Kurt's chest.
"You be good, ok? Do everything Mr. Anderson says…" Kurt paused, glancing up at Blaine before looking back down at Xander, "Unless you don't think Daddy would make you." Blaine looked slightly wounded by that statement, but he was well aware that this man was scared out of his mind, he was handing over his son to a stranger, and he had every right to be scared.
"Ok," Xander agreed, looking up at Blaine who had picked up his suitcase and was waiting patiently. Xander blinked quickly, not allowing anymore tears to fall as he squeezed Kurt's waist one last time before slowly pulling away and walking over to Blaine, taking the hand that was offered him. The four year old froze, looking at hand in his own for a moment before looking back at Kurt who looked worried until Xander bit bottom lip,
"He has guitar hands." Kurt smiled softly,
"Like Papa?" Kurt asked and Xander nodded, looking up at Blaine who was smiling gently,
"You play too?" Blaine asked and Xander blushed and nodded,
"Papa taught me, Daddy taught me piano." Blaine raised his eyebrows, impressed,
"I play piano too, we'll have to write a song for your Daddy to hear when you see him again." Xander lit up,
"Would you like that, Daddy?" Kurt swallowed tears and nodded,
"I would love that." Xander smiled up at Blaine who squeezed his hand comfortingly.
"You ready, kiddo?" Blaine asked, knowing Xander would never be ready to leave his father. Xander pressed his lips in a tight line, but nodded sadly.
"I love you, Daddy," Xander said, blowing Kurt a kiss. Kurt 'caught' it and blew a kiss back and Xander grabbed the air and waved, trying to bite back a sob, but failed and looked up at Blaine who had to blink back his own tears.
"I love you, Xan, always and forever," Kurt said just as Xander walked out the door. Blaine looked back at Kurt,
"I will take good care of him," he promised.
"You better," Kurt said, but Blaine heard the threat loud and clear. He nodded and ushered Xander away.
When the door was closed and Kurt alone, he completely broke down, burying his face in his hands. He was wailing and heaving before he realized Burt had come back into the room, and had wrapped his arms around his son.
"You have to breathe, son," Burt said, rubbing Kurt's back soothingly.
"H-how d-d-do I-I," but Kurt couldn't get the words out, but Burt seemed to understand.
"You survive by knowing that after this stupid court thing, that baby is going to need you more than ever. You survive by getting up every morning remembering that it's one day closer to getting Xander back. He is your kid Kurt, as much as he is Jon's, don't let anyone in that courtroom or otherwise tell you any different." Kurt moaned miserably, burying his face in Burt's shirt and clutching the flannel desperately. Burt shushed him, "I know, Baby, I know."
Sorry to end it there. Please review! Thank you for reading. Next chapter will be a tiny bit less angsty and more sweetness. But just a little