Chapter Ten

"Do you swear to tell the whole truth, nothing but the truth, so help you God?"

"I do."

"How long did you live with your father, after the death of your mother?"

"Three years."

"What brought that to an end."

The child shifted slightly as he looked around, "He…he hit me and left marks, my preschool teacher saw them and called social services."

"How long was your father in jail, Riley?"

"Ten months."

"How did your mother die?"

The child's eyes began to water, "She…she was takin' a bath an'…" He looked up at the judge, "Can we do this later?" He whimpered.

The judge sighed, "Lets take a recess, Riley, why don't you and Officer Smith follow me into my office."

Ben spent the afternoon getting the names of ten different lawyers, all from his father, who didn't even bother to ask why he needed the phone number. He just forked the names and numbers over. Ben knew he owed his father an explanation, but as it was he was terrified to take the child to Patrick Gates' home and have judgment passed upon a boy who already felt judged by the world.

Unfortunately, 3:30pm arrived all too quickly, and having not received a call, Which meant Riley needed a ride home. That meant Ben had to face his son and tell him the truth, for the first time in almost six months, Ben was dreading facing the child he'd brought into his home, and for reasons far beyond the boy's control.

He arrived at the school just as the students were swarming out. He parked his car, got out and leaned against the car, waiting for his uniformed little boy. He didn't have to wait long, Riley came running over to the car, with a look of pure excitement on his face. "Ben!" He was full of exuberance; Ben couldn't help but smile at the look of sheer joy on the child's face.

"Hey kiddo how was the first day?"

"They have a Robotics Club and a Technology club, isn't that so cool!"

Ben chuckled, "That's great, when do they start?" He ushered the boy into the car. They hopped in as Riley began to tell him everything he could.

"The tech club starts in October, they want to give us time to get used to our studies and stuff, oh and then the Robotics club-which is opposite days-"

"Probably because it's the same group of nerds," joked Ben.

"I heard that. Anyway, as I was saying, it starts in January. Can I join, Ben please!"

Ben chuckled, forcing himself to believe that Riley would be here in October and January. "Um, Riley, we need to talk."

Riley stopped mid-speech, those were words he'd heard far too often. "Oh god…is…is Emily okay?" He asked, suddenly frightened, he didn't want to believe Ben would give him up, but sometimes it was so easy. He'd thought they were doing so well.

"She's fine kid, but…God, I hate this." Ben stopped at a nearby park and quickly got out of the car.

Riley, stunned by this, quickly threw his own door open and hurried after the man he considered to be his dad. "You're…you're not getting rid of me…are you? I'll be good I promise, whatever it was-"

Ben surprised Riley even further by grabbing him and yanking him into a bear hug. "Jesus Riley, don't you get it, you're my boy. My son," Ben dropped to one knee in front of him. "You are my little boy. I don't care who says what, six months and I'm positive that you were meant to be my son. But unfortunately something-or someone has come back-"

"Shit," Riley hissed without thinking, "Dad."

Ben nodded slowly, "I'm going to let that choice word slip on account your stressed now."

Riley smiled as he hugged Ben back, "I'm going to have to go back with him?"

"Probably. Henry can only fend your father off for so long, kid. But I met with Amber and Dana today, we're going to fight this. We're gonna try and adopt you."

Riley's eyes began to well, "You…" he looked at Ben. "You're gonna…"

Ben gave a brief smile as he felt his eyes growing damp as well. "Riley, I've spent six months with you in my life, I can't imagine spend the rest of it without you. If you'll accept it, I'd like to make you my real son. I want to adopt you."

A sob escaped from his lips as the boy nodded and threw his arms around Ben's neck, the only important thing was somebody wanted him. Ben grabbed him around the waist and held on tight. Praying the boy understood he wanted him. More than he wanted anything. Even more than the stupid treasure.

"So what are you going to do?" Emily questioned three hours later when the boys had arrived at her house and explained the situation to her.

Ben glanced at his son, ever since the two hadn't set foot out of the same room with one another, except to shower and go to the bathroom, as if both afraid they'd miss something. Both were well aware that Marshall Poole could show up any minute and demand his son back and Ben would legally had to give Riley up in effort to make a point at the hearing.

"Well, I've spoken with several lawyers-"

"You called your father?"

Ben nodded, "Yes, and…well I think it's best if this weekend, Riley and I went to visit him for dinner, maybe explain the situation to him."

Emily leaned forward, "And you thought I was scary."

Riley giggled.

Ben rolled his eyes and continued, "Anyway, having checked into a few of them with Frank, I'll call Jacob Jones tomorrow, he's the top in this field and never loses a case. He's good at what he does and they say he only picks the side wants what is best for the child."

"It seems like a fairly open and shut case to me," Emily offered.

Ben nodded, "It probably is, but we have to play by the rules."

"Which…unfortunately means if dad shows up…I've gotta go," Riley whispered.

"Yes."

"Ben-" Emily began, but the treasure hunter held up his hand.

"We're trying to be as realistic as possible mom. We don't have a choice at this point. Legally the best thing to do is let law do the work and hope it pans out our way."

"And if it doesn't?"

"I run away," Riley joked quietly.

"Riley." Ben admonished.

"Sorry."

Ben sometimes forgot his son was ten, he'd grown a lot in six months, and from the history he had, it was clear he was way beyond his actual age. But equally, he was faxed with a very frightened little boy who didn't want to leave what he'd become so used to. Ben sighed as he rubbed his face with both hands, "No, I'm sorry. I'm just tired. Mom, of course when the time comes for the actual court decision, we'd like you there."

Emily smiled as she reached over, gripping the hands of both her boys. "Boys, let me tell you this. First off I'll be honored to watch this take place. Second off, this isn't an end, yes you're facing a very hard situation and it's okay to be afraid, but Ben you will gain custody, and we'll celebrate. We'll spend the rest of our Christmases and Thanksgivings together. So don't lose hope."

Ben nodded, "Riley, we should probably head home."

The ten year old offered a brief smile, "Can I actually, talk to Emily alone for a minute…Ben?"

Ben glanced at his mother, then his son, "Course. I'll be in the car."

Riley watched his foster father stand and walk out the door, he couldn't help but notice how aged he appeared in one afternoon alone. "I'm worried." Riley whispered.

Emily looked away from the door her son had just walked out of, towards the boy. "About Benjamin?"

Riley studied Emily for a moment. "I love him grandma, but…I'm afraid what he'll do if my father gets permanent custody."

"He'd be fine-"

"No he wouldn't, and you know it. Grandma, promise me you'll keep him from doing something he shouldn't."

"Riley-"

"Please, you see it in his eyes. Something that you haven't ever seen before, I can tell. You're worried too. Just please, because…I know what to expect. I know what my father will do, but…" he sighed, "But Ben doesn't know Andrew the way I do. I just don't want to see a good man go to jail for nothing."

Emily reached out, pressing her hand against his cheek, "I will, you just take care of yourself when you're in his care, okay. We want you back with us."

"I will," standing up, Riley wrapped both his arms around her neck and sighed for a moment, composure rapidly making its way out the window. "I've never had a grandma before, but I'm glad Ben gave me even a little time with you."

Emily felt her eyes burn with tears as she hugged him for a moment longer, "Just think of all the good times when you get scared."

"I love you grandma," he murmured.

And she felt her emotions break over her. Emily Appleton felt the tears beginning to flow as she nodded. "I love you too, sweetie."

Straightening from the hug, Riley hurried out the door. Emily stepped into the doorway, waving as Riley got into the car and they drove away. A part of her terrified she'd just said her final goodbyes to a boy who'd stolen her heart.