This was not an easy chapter to write. I'll admit I know next to nothing about child custody hearings so this is a combination of what I could find and what I made up. We are coming to a close on this. Hopefully, only three or four chapters left. Enjoy!
The only thing that kept Dave in his chair after that statement was his lawyer's very firm hand on his arm and a minute shake of her head. He forced himself to take a deep breath and to relax. He also reminded himself that punching out the opposing counsel would not win him any points with the judge no matter how good it made him feel.
He glanced back at Skylar. She was writing on a legal pad so hopefully, she wasn't paying any attention to with the jerk was saying. He knew she would eventually find out about his past but he didn't want it to be like this. He turned his attention back to Franks.
"Special Agent Rossi has been married and divorced three times. From the report of our private investigator, his exploits with women are legendary. Some of the women we talked to stated that, for the most part, he was never really interested in a serious relationship, or any relationship for that matter, with them in the least. We would be remiss in our responsibility if we didn't raise this as a concern. It could, and probably would, skew the child's view of how women should be treated. We certainly don't want that to happen. Thank you."
"All right," the judge said. "First things first. Mrs. Roberts, if you would be so kind." He pointed to the witness stand next to him. The social worker got up and walked to the front of the room. She was sworn in then sat in the chair. "First up," the judge said. "I've read your report on your home visit with Agent Rossi. Hit the highlights for us, please."
"Yes, Your Honor," the woman said. "I found Agent Rossi's home to be more than adequate for Skylar's needs. She has her own suite of rooms, sitting room, bedroom and bathroom, which she was allowed to decorate however she pleased. Her father has the same set up across the hall. She is schooled by the district with online classes."
"Why doesn't she attend regular school?" the judge asked.
"First and foremost was her almost complete lack of formal education before she come to live with her father," Mrs. Roberts stated. "That, along with her lack of speech, made that the best option. She does have a tutor that helps out once a week."
"What about your visit with Ms. Peterson?"
"Ms. Peterson lives full-time in Europe so a home visit was impossible," she said. "She did say she planned on hiring a governess for Skylar for a year or so until she was ready for boarding school. She has picked one out in Switzerland. She has the funds to do provide for her daughter. Both parents do."
The judge paused for a moment. "Do either of you have any questions for Mrs. Roberts?" he asked. They didn't. "Very well. Your report will be entered into evidence." Mrs. Roberts nodded and stepped down.
The reports from Dr. Holden from the Bancroft Institute, Skylar's therapist and tutor and Franks investigator were also entered into the record. The interviews with Dave's friends that Mrs. Roberts had done were entered as was the phone interviews with Elizabeth's mother and significant other.
It was a little after eleven so they broke for lunch, being told court would reconvene at one that afternoon. Dave, Skylar and Ms. Cantrell went to lunch at a nearby restaurant.
"Any feelings on how it's going?" Dave asked.
"I think we may have the edge," the lawyer said. "I don't think the judge was too happy with the fact that Elizabeth planned on hiring a governess then sending her to boarding school."
"I know I'm not," Dave said. "I would never send Skylar to a boarding school. Private school, maybe, but not a boarding school."
"I want to warn you," she said. "This afternoon, you and Elizabeth will begin testifying, Elizabeth first. When you're on the stand, Franks is going to try to trip you up."
"I've testified before," Dave told her.
"Criminal cases are different than custody cases," she reminded him. "Franks is going to be given a lot more leniency when questioning you than a defense attorney. He's going to do his best to put you in the worst light possible. He may attack you professionally. He'll certainly attack you personally. You're going to have to keep a tight rein on that famous, or infamous, temper of yours."
"The only people I generally lose my temper with are unsubs," he said, "but I will keep a tight grip on it." He glanced at Skylar. "Will she have to see the judge on her own?" he asked.
"That's up to the judge," she said. "At this age, it could go either way. If she was a couple of years older, I would say definitely. If he finds himself on the fence, he could."
Dave rubbed Skylar's back. She looked up at him and gave him a small smile. She knew he was worried about what was going on today and so was she. She didn't understand everything that was going on but she knew it was about where she would live. Her father had promised that she would stay with him but she had learned early on that some promises couldn't be kept. She just hoped this wouldn't be one of those promises.
They finished their lunch then headed back to the courthouse. They went in and took their seats in the court room waiting for the afternoon session to begin. When Elizabeth and her lawyer walked in, Dave glared at her but said nothing. Skylar, as usual, ignored her completely.
When the session started, Elizabeth was the first one called to the stand. Her attorney asked her only questions that put her in the best light possible. Then it was Ms. Cantrell's turn to question her.
"Ms. Peterson, why did place Skylar in the Bancroft Institute?" she asked.
"She had stopped talking," Elizabeth said. "After several doctors told me it wasn't physical, I decided she needed psychiatric care. The Bancroft Institute came very highly recommended."
"Wouldn't an outpatient therapist worked just as well?"
"I felt a more intensive treatment was needed," Elizabeth said. She was keeping her haughty attitude in place.
"I see." Ms. Cantrell said. "How long after placing your daughter there did you move to Europe?"
"Three months."
"And how often did you visit her there?" the attorney asked,
"I don't know the exact number."
"I do. It was seven." Ms. Cantrell picked up a folder. "Seven visits in five years. There were no visits on her birthday, no holiday visits. You sent no letters, no cards. There were no presents for her birthday or Christmas. Did you tell anyone where your daughter was?"
There was a moment or two of silence. "No," the woman finally said.
"In fact, you told your own mother she was at a boarding school, didn't you?" Ms. Cantrell said. "Poor planning on your part. if you hadn't done that, she would have never gone to Agent Rossi."
"Objection, Your Honor," Franks said. "Counsel is making a statement not asking a question,"
"Ms. Cantrell, stick to questions, please," the judge said.
"Yes, Your Honor," she said. "Ms. Peterson, when did you find out Agent Rossi had gotten custody of Skylar and taken her out of the institute?"
"June."
"But you didn't go see her until December," Ms. Cantrell said. "Why?"
"I couldn't leave," Elizabeth said. "I was involved in business negotiations and couldn't get away until they were finalized." Ms. Cantrell just looked at her. Dave smirked at her answer. Even her own lawyer just shook his head. She just didn't realize how she was making herself look.
"And then, when you did go visit, you resorted to violence."
"I did no such thing," Elizabeth protested.
"Didn't you threaten to hit her?"
"She bit me!" Elizabeth exclaimed. "And one of his 'co-workers'," she made air quotes, "pulled her gun on me."
"You don't believe she's a co-worker?" Ms. Cantrell asked.
"Please," Elizabeth scoffed. "Dave never spent time with any female unless he was sleeping with them."
"When did you next see Skylar?"
"January."
"You were given supervised visits," Ms. Cantrell said. "How many visits did you make before you quit coming?"
"Four," Elizabeth huffed. "She refused to even acknowledge my presence. I brought gifts that she ignored. After a while, I didn't see the point."
"And this is the first time you've laid eyes on her since then?"
"Yes."
"Ms. Peterson, do you honestly feel you're the best one to have custody of Skylar?" Ms. Cantrell asked. "A child that obviously wants nothing whatsoever to do with you?"
"Of course," Elizabeth said. "I am her mother, after all."
"No further questions, Your Honor," Ms. Cantrell said with a sigh.
"You may step down," the judge said. Elizabeth got up and went back to her table. "Any more testimony?"
"No, Your Honor," Franks said.
"Ms. Cantrell," the judge said.
"I call David Rossi to the stand."
TBC...