Chapter 19: Win or Lose

"All rise for the Honorable Judge Edwards," the court clerk called. Today was the day of the custody hearing. Jess had been anticipating and dreading this day. She took a deep breath; Emma's fate hung in the decision of the judge. She felt Don's hand slip into hers: he gave it a gentle squeeze for support.

"You may be seated," Judge Edwards instructed.

As Jess took her seat, she stole a look over at the other side where they sat. She was surprised to see an empty seat. Jess nudged Don indicating he look where she was.

"I see a problem here," Edwards stated drawing Jess and Don's attention back to the bench. "I see the mother of the minor, I see two attorneys, the plaintiff's wife. But we are missing an important part of this equation: the father of the minor…where is Mr. Morris?"

Elizabeth glanced at their attorney, Lori Elliott. Jess knew that look; Elizabeth appeared worried. Lori hesitated, not sure how to answer the judge's question. "Where is your client?" Edwards asked again.

"We don't know, Your Honor," Lori admitted.

"I see," Judge Edwards replied.

"He'll be here," Elizabeth added in. "Jake will be here."

"Your Honor," Mr. Scott, Jess's attorney started, "Mr. Morris had plenty of time to be here. We were supposed to start at ten; it's now eleven. We're an hour behind and Mr. Morris is still not here. That speaks to his character as a father…."

"Okay," Judge Edwards raised his hand to stop Aaron from going any further. "No need to continue, Counselor. Your point is taken."

"Mr. Morris could be stuck in traffic," Mrs. Elliott piped in grasping at straws. "We all know what New York traffic is like. Mrs. Morris is here and is willing to represent the both of them. We need to put Emma first."

"Wait," Mr. Scott interrupted. "Mr. Morris hasn't made any attempt to inform you of his location. And Mrs. Morris has no legal rights to Emma. My client, Detective Angell, has always put her daughter Emma first. The detective has recently transferred out of homicide because of the hours and into enquires so she could spend more time with her daughter…putting her first. Mr. Morris has only been…"

"Enough," Judge Edwards stopped Aaron. "I have read over the files in this case and talked to Emma. She is a delight. I don't need to hear anything more: Mr. Morris's absences here today just reaffirms that I made the right decision. Detective Angell is a competent, loving parent who has been the primary care giver for Emma her entire life. I grant sole custody of the minor Emma Joy Angell to her mother, Jessica Nicole Angell."

"He didn't even show up?" Emma questioned taking a bit of her manicotti formaggio. As a way to celebrate their win in court today, Don had offered to take his girls anywhere they wanted. Jess left it up to Emma and she picked dinner at an Italian restaurant.

"Nope," Jess replied. "Weird right?"

"Maybe, Jake realized he was wrong and stepped back," Don suggested.

Jess and Emma looked at each other and back at Don. "Nah," they replied in unison.

"I don't really care why he didn't show up," Jess continued. "I got you."

"Awe," Emma smirked. "I'd like to take this moment to ask for a new bike. I'm getting bigger and my bike is getting smaller." Jess and Don laughed. "What?" Emma defended. "There isn't going to be a better time to ask."

"I'll think about it, maybe for Christmas," Jess responded.

"So enquires in the morning," Don stated changing the subject. It had taken O'Bryan a few weeks to sort the transfer out. Tomorrow would be her first day at enquires, at a desk.

"Yes," Jess replied, "but we're celebrating so we don't need to talk about this."

"Don said that the judge said he already decided you would have gotten custody of me whether Dad was there or not," Emma voiced. "Go back to O'Bryan and tell him you changed your mind."

"I agree," Don said.

"This is a tag team," Jess laughed. "I've already transferred out; O'Bryan started to look for my replacement. I'm okay with it. I'm looking forward to spending more time with Em." Don went to speak. "It will be fine," Jess said. "I'll be right back." Jess excused herself to the bathroom.

"We have to get her back in homicide," Emma said the moment Jess was out of earshot.

"O'Bryan hasn't looked for her replacement," Don smirked.

Jess yawned and hit the snooze button for the third time. She never pretended to be a morning person; hence, the reason she set her alarm for five, an hour before she had to get up. Jess reached over for Don only to find his side empty. The smell of bacon floated into the room and she quickly figured out where Don was. Jess smiled and kicked of the blankets pulling her ass out of bed.

"Coffee," Jess tiredly requested as she made her way into the kitchen.

Don chuckled; he emptied the bacon into a plate before turning and reaching for her arm pulling Jess into him and wrapping his arms around her waist, "We should play hooky today."

"Babe, don't tempt me," Jess laughed. "But we can't. You have to testify in court; I'm starting enquires and Emma has a French test. All requires us to leave the apartment."

"I know," Don replied but he still liked the idea of blocking the world out today.

"Speaking of Emma…where is she?" Jess asked.

"Mail," Don replied. "She's expecting a bike catalogue. She is going to milk this."

"Mom!" Emma yelled running into the apartment. "You have to see this."

Jess twisted herself so she could see what Emma was holding in her hands. Two envelopes, one addressed to Emma and one to her. She recognized the hand writing as Jake's. "It's from Dad," Emma said passing Jess an envelope.

"Are you going to read it?" Don asked.

Jess and Emma nodded, both going over to the sofa and sitting down; Don followed. "I'll let you two read in private," Don stated, but Jess reached out for his waist.

"You can listen to mine," she said. "Em, you don't need to share yours if you don't want to. With Don or me or anyone else."

Emma tore the envelope open, pulled out the letter, and began to read it aloud,

"'Kiddo,

I wanted to tell you this in person, but I don't have the heart or the guts I guess. Elizabeth and I are not working out and I've decided to leave New York. I came back to be a better father, I really thought this time around I could be there for you. Be the kind of dad that goes to the soccer games, takes you to museums, and scares the boys away when they come calling. But I can't. I'm not that dad. I've realized all I ever do is hurt you and I can't do that to you anymore. I'm sorry about the suit; I never wanted to take you from your mom. It was Elizabeth's idea; she thought it was for the best. I know I won't get another chance with you. Emmie, never doubt my love for you. It might not make sense but I leave because I love you.

Dad.

PS: the past seven months have meant the world to me. You are an amazing kid. You're just like your mom; don't ever change.'"

Emma finished the letter and swallowed the lump that formed in her throat. "You okay?" Jess asked.

Emma nodded, "I knew he was gone. When you told me he didn't show up to the hearing, I knew it meant he had left again. Weird thing is it doesn't hurt as bad as last time."

Jess and Don both wrapped their arms around Emma and hugged her tightly. "What does yours say?" Emma asked.

Jess opened the letter and began to read:

"'Dear Jessie,

I'm scum: I'm dirt and you were right. I've decided to leave New York. Hell, it's the Jake way. All I wanted was to be able to be the kind of father Emma needs. The kind of man you need. I've come to the sad realization that I'm neither. And however hard I try, I'm never going to change. I'm always going to put myself ahead of everyone else. I'm a selfish man, Jessie, and I'm sorry. You were right to walk away; I'm not a family man. However, that doesn't mean I don't love you or Emma because I do more than anything. I'm so sorry about the suit. You have always been what is best for our daughter. For once, I'm going to do the right thing, the unselfish thing. Enclosed with this letter you will find a termination of my parental rights. I've signed away any claim. Emma was never really mine, she's always been yours. Take care of her. I promise I'm gone for good.

Jake.'"

Jess looked into the envelope and pulled out another piece of paper; she unfolded it and gasped, shocked. "He's serious. It's a termination of rights," Jess said. "Jake signed away his rights."