The air in the courtroom is still. The only sound in the room is coming from the little boy sitting beside Blaine who is running his toy car across the table where Blaine has his case spread out. Kurt, Burt, Cooper and his mother sit behind him, making up his defense. His state appointed lawyer, who looks younger than Blaine himself sits to his right, going over the specs of his case one last time before she walks in.
She doesn't look at him as she takes her seat. Her lawyer follows quickly behind and blocks his view of her. Declan glances up from his toy car and catches a glimpse of her. Blaine had told him he'd see her today. He knows why they're here, he understands as much as a three, almost four year old can. But it's harder than Blaine thought it would be. He knows that Declan doesn't hate his mother, as much as he wished he would. Three year olds don't have that kind of hate in their minds yet. Blaine wishes Declan never has to know that kind of hate, but he's pretty sure he will one day. They'll just have to wait and see if it will be aimed towards her or Blaine.
Declan's eyes stay locked on her. Blaine doesn't even think she's looked over here yet. She's too busy taking her case files out of her bag and spreading them across the table. When she's done with that she reaches into her bag one more time and retrieves a small wrapped box, before finally turning her attention to the other side of the room.
"Hi baby," she says smiling brightly. Her hair is lighter than when Blaine last saw her, she looks tanner too. She must have gone some place warm to escape the chilling Ohio winter. Declan perks up a bit as she drops to one knee in front of him, presenting the gift box with an out stretched hand. "I got you something while I was away," Declan cautiously takes the box from her hand, staring at it as if it might disappear at any second, or worse, that she might rip it from his grasp. "I missed you so, soooo much! Did you miss me?"
Declan shifts back in his seat. His shoulders scrunching up to his ears, his own form of "I don't know."
Blaine's own shoulders must stiffen visibly because shortly after he feels a warm hand rubbing at knot in his back. He turns to look back at Kurt, offering him a thankful smile. His gaze quickly falls back to his son, scared that if he takes his eyes off of him too long that she'll have pulled another disappearing act only this time with Declan tagging along.
"Why don't you open your present baby?" She asks, smiling and nodding, urging him on.
He opens the wrapping paper at the seams, slowing and very meticulously. He slides the small box out into his palm and lifts the cover. Inside there's a sea shell, a scrolling font marking out words in a teal font across the width of it's white surface.
"What does it say daddy?"
"It says 'Sarasota'."
"What's 'Sarasota'?"
"It's where your new home is gonna be baby," she says, "You're gonna love it there. It's always sunny and warm, and it's not that far from Mickey Mouse's house. Do you know where Mickey lives?"
"He lives in Disney world!" Declan said, bouncing a little bit in his chair.
"That's right baby, when did you get so smart?" She laughs, bright and cheerful, and so sickeningly sweet it makes Blaine want to throw up. She's trying to suck him in, with promises of sunny beaches and packed theme parks. All things Blaine can't give him while he's stuck in the middle of Ohio.
"About the time when you left," Blaine retorts, finally acknowledging her existence.
She shoots Blaine daggers over their son's head, but her smile stays in place.
"Be careful what you say Blaine," She warns, her voice sweet as ever, "I've got more dirt on you than you think." He watches her as she saunters back to her seat, throwing Blaine a Cheshire grin over her shoulder.
It's a bluff and Blaine knows it… but it doesn't make it any less terrifying. He can feel Kurt's fingers stall on his back. He leans in and presses a chaste kiss to Blaine's temple before his hand drops down to entwine his fingers with the shorter man's. Blaine leans back against his chair, melting into Kurt's comforting touch.
"I can't tell you that everything thing will be alright, but I can assure you we will do everything in our power to keep that, that wench away from your son." He drops Blaine's hand before quickly securing their pinkies together. "I pinky promise."
…
When the judge calls them to order they rise. Even Declan rises, standing up on his chair, he comes just to about Blaine's shoulder.
"Miss Montgomery, please stand and present your case." The judge said after she'd called them all to order.
"Your Honor, I would like to file for full custody of my son, Declan Anderson. To my knowledge, his father is not suitable to care for him any longer. I have a full time job, and a house down in Florida in a good school district. I have a room for him, and a huge yard for him to play in. He belongs with his mother, Your Honor."
"Thank you Miss Montgomery, please have a seat." She scribbled down a few notes before lifting her head and finding Blaine's gaze. "And Mr. Anderson, if you could please stand and present your case."
Blaine nodded, rising shakily from his seat. "Your Honor, Maggie and I raised Declan together for two and a half years. I was there through everything. The birth, the first day we brought Declan home from the hospital, the first time he got sick, his first smile, his first steps, his first word… I have been with my son every single day of his life. Maggie left us in May, and has had no contact since then, until this letter showed up on my doorstep telling me that she was filing for sole custody." Maggie was glaring at him, as if to say how dare you bring this up? This tale of how I left you high and dry with a toddler to care for. How dare you make me look bad?
"At the time we were living with her parents. We weren't a couple, at least as far as I was concerned, we were just co-parenting. We were doing what was best for Declan. I didn't realize she expected more. She expected me to marry her, which I couldn't do because I'm gay. The night of Declan's conception I was drunk, admittedly illegally, and I had, had a big fight with my dad earlier. He's never accepted me, and I guess that night I had just had enough of not feeling like I was enough for him. So I did something stupid, but I don't regret it for a moment, because Declan is the light of my life. I have never felt more joy in my life than when I look into my son's eyes.
"Your Honor when Maggie ran away her parents kicked Declan and I out. They blamed me for pushing her away and they threw us out onto the street with nothing. I had been working three jobs so I had some money saved, but without someone to watch him I wasn't able to keep working. We've been through rough patches, that's for sure. We lived out of my car for a few weeks. There have been times where I haven't eaten for multiple days in a row, but I always made sure Declan never starved. He's gone hungry I'll admit it, but he's a healthy and well-developed little boy. And things have picked up recently. I have a solid job with benefits and Declan has someone to watch him while I work. Our kitchen is fully stocked; I'm able to pay my bills every month. I'm saving up to rent a better apartment, one with better heat and another bedroom.
"What I'm trying to say Your Honor is that Maggie can't be trusted. She left once, and she could leave again. I have done everything in my power this last year in order to keep my son alive, and Maggie couldn't even bother to pick up the phone to make sure that he was ok. She should not be trusted with a child. She's selfish. She didn't care if her son was hurt, or cold, or crying because he missed his mother. She never cared. She doesn't deserve him Your Honor. I deserve him. I don't do anything before thinking about how it will affect him. He's my entire life. I don't know who I'd be without him."
It's only when Blaine finishes his monologue that he realizes the cries that are coming from behind him. They're stifled but still audible throughout the entire room. All four of his defendants are tearing up. Blaine didn't want them to feel sorry for him that part of his life was over, but the toughest part of his life was still ahead. Images of an empty bedroom glared at him every time he let his mind drift off from the present. Pictures of a bare apartment made him woozy, no sign of the little life that had once bounced off the walls.
The judge was looking at him expectantly, waiting to hear about another reason Blaine should be able to keep his son. Blaine had none. Blaine lowered himself back into his chair, mumbling a quick, "Thank you Your Honor."
The judge finished her notes before turning back to the room, her eyes traveling over to Maggie's side of the room. "Miss Montgomery, is there any other reason to believe that Mr. Anderson is not able to properly care for this child?"
The rest of the room probably can't tell that anything has changed in her expression, but after spending nearly 4 years with her, being with her every day Blaine knows that look in her eyes. It's the same look she got when she would kick one of his pieces back to start in "Sorry!" This is her, "Sorry not sorry face." And Blaine couldn't be more terrified. He feels beads of sweat gathering at his hairline, it's making him feel guilty of something, he just doesn't know what yet. He doesn't think he has anything to feel guilty for; he'd already laid out all of his demons.
"Your Honor, Blaine is clinically depressed and has refused to receive treatment on several occasions. He's mentioned ending his own life multiple times. That's not a healthy environment for a child to grow up in, Your Honor. What if he does end his own life one day, and no one else if around? What would happen to Declan? He'd be scarred for life."
Blaine feels his heart land with a thud in his stomach.
Blaine's lawyer stands to defend him immediately. "Your Honor, what Miss Montgomery is saying has no weight, unless she has evidence to support her claims then I don't think any of these allegations should be held against Mr. Anderson."
"Andrew-" Blaine tries to warn him; tries to get his attention before they both end up looking like fools.
Maggie's lawyers stands, "Your Honor, Blaine was in the hospital for three weeks in 2010, after being attacked at a school dance."
Blaine's lawyer glares at him, obviously not prepared for this, but Blaine can't find it in him to defend himself. He can only sit there, shaking, thinking for the first time all day that there is a really good chance he could lose his son.
"He went through a course of hospital mandated therapy before he could be released. We have the transcripts from his appointments, and the therapist notes about Blaine's depression and how, in her professional opinion, his depression was not caused by the attack, but preceded the incident," Maggie's Lawyer presents the transcripts to the judge, "And yet Mr. Anderson has never tried to battle his depression. He's never received help for it, whether it be therapy, or medication. My client has experienced his bouts of depression first hand, and can attest to the fact that he has had suicidal thoughts. He is not in the right headspace to raise a child your honor. Especially not alone."
The judge nods, her eyes narrowing on the documents in her hands. Blaine can hear his blood rushing in his ears. He can feel Declan beside him; still there, he's still there. He imagines grabbing him, running out of the courtroom, hopping on a plane to somewhere far away, maybe Turkey, or Sweden. Kurt would follow them. They'd build a quiet life for themselves. They'd hide there, they'd be happy there. Burt and Blaine's mom, and Cooper could all visit them. They'd have a good life.
…
At the end of the day nothing is decided. The judge didn't even call witnesses yet. They're all set up for another day of court at the beginning of next week. Everyone is slowly leaking out of the courtroom, but Blaine stays behind looking straight ahead to where the judge once sat, Declan waiting patiently beside him. His lawyer stands, stuffing papers in his brief case before closing it with a deafening click.
"I'm not going to lie, Blaine, that was bad. We're going to have to meet sometime this week to try and fix this."
A pressure builds behind Blaine's eyes, as he nods. He feels Andrew's eyes on him for a long minute, before the sound of footsteps signals his retreat. He's trying hard to fight the tears stinging his corneas, he's been crying so much lately and frankly he's sick of it. And he really doesn't want Declan to have to see his father cry. But right now everything feels like too much, and too soon he's crying and heaving, he feels like there's a rock on his chest keeping him from taking a deep breath, which only increases his anxiety. He doesn't know how much time has past, but soon there are pudgy toddler hands gripping onto the suit that he'd borrowed from Kurt, Declan is pulling himself onto his lap. He wraps his arms around Blaine's neck and just holds onto him.
"Don't cry, daddy. Don't cry."
