"What's going on?" Maggie asked.

"Are you OK Mr. Gibbs?" Jimmy asked.

"Jethro please just tell me what's wrong." Shannon begged.

Gibbs just sat on the bed his body trembling the anger in his piercing blue eyes could probably kill a man if he looked directly into it but no words crossed his lips. Just the occasional shallow gasps of pure rage.

"Jethro please tell me what's wrong?" Shannon pleaded placing her hands on his shoulders.

Finally Gibbs sighed and pressed the button to play the voice-mail he had just listened to. The one that had hurt him so badly. It was from Tony's dad's lawyer he was challenging the Gibbs's custody of Tony. The Gibbs's sat around the room in shock. Gibbs vigorously rubbed the hand he had hit the wall with, Shannon rubbed his shoulders and buried her face in his neck, and Maggie lay limply in Jimmy's arms Jimmy was more confused than anything.

"Wait I thought Tony's dad died in jail?" Jimmy asked.

"He did." Gibbs replied.

"Then how could he be fighting for custody of him?" Maggie asked.

"He's not his lawyer is." Gibbs explained.

"Why does he want to take Tony away from us?" Shannon asked.

"Yeah we love him so much and are so good to him why would they want to take him?" Maggie asked.

"I don't know he didn't say I will call first thing in the morning." Gibbs replied.

The next morning Gibbs woke up to do the dreaded task of calling Tony's dad's lawyer to see why he wanted to take Tony from his loving home.

"Why the hell are you taking my son away from me?"

"WHAT DOES THAT MEAN?!"

"DON'T RAIS MY VOICE!"

"DO YOU HAVE ANY IDEA HOW STUPID THAT SOUNDS?"

"SEE YOU IN COURT JERK!"

Maggie and Jimmy listened to Gibbs's conversation from behind the kitchen door. While Shannon kept Tony busy in his room. They had agreed not to tell Tony about what was going on until they had some answers about what was going on. So that it would be easier to explain to him. They were dreading telling him the poor child was so afraid of the Gibbs's abandoning him and may not understand that they still loved him even if they did wind up losing custody. After hanging up with Tony's dad's lawyer Gibbs summoned everybody except Tony into the basement.

"Why does he want to take Tony away from us?" Maggie asked.

"Yeah Jethro why is this happening?" Shannon asked.

"Get this he doesn't think we handled Tony's dad's death well." Gibbs explained.

"What? That doesn't make any sense!" Jimmy cried.

"Yeah he thinks that because a five year old wasn't practically suicidal over the death of his abusive, neglectful father who abandoned him." Gibbs explained.

"What that is so unfair!" Maggie cried.

"Jerk face." Jimmy muttered.

"They can't do that." Shannon whispered.

"Anyway the trial is next week." Gibbs explained.

"We'll fight them." Maggie replied.

"Yeah there's no way we can lose." Jimmy assured.

"It will be OK Jethro." Shannon said.

"I…I have to get to work." Gibbs stammered.

"Where is he?" McGee whispered.

"I don't know Gibbs is never late." Ziva whispered.

"I wonder where he is." McGee whispered.

"Perhaps he got sick yes?" Ziva asked.

"Gibbs never gets sick." McGee replied.

"LOOK SHARP THIS ISN'T SOCIAL HOUR!" Gibbs shouted storming into the bullpen.

"You were late…" McGee replied.

"WE ARE ALREADY SHORT AN AGENT! NOW GET TO WORK!" Gibbs growled.

"Gibbs what's wrong?" Ziva asked.

"MY LIFE IS CRAP! THAT'S WHAT'S WRONG!" Gibbs yelled.

Vance heard the shouting from his office and came down to the bullpen to see what all the commotion was about.

"Jethro is everything OK?" Vance asked.

"NO LEON EVERYTHING IS WRONG!" Gibbs yelled.

"What is it?" Ziva asked.

"We might lose Tony." Gibbs replied voice cracking.

"What? Why?" McGee asked.

"His dad's lawyer wants to take him away from us because his dad's death didn't break his heart and he thinks that we brain washed him or something." Gibbs explained.

"Oh Jethro I'm so sorry." Vance replied embracing him.

McGee and Ziva stood in shock. Partially because of the Gibbs's maybe losing Tony. Partially because neither Gibbs nor Vance were very fond of showing emotion or affection. Vance offered Gibbs the day off but Gibbs declined. Saying that being away from the house would be good for him.

That evening Gibbs returned from work. Something he dreaded because he knew that once he got home he would be tasked with the difficult task of telling Tony about the possibility of them losing him. He walked in the door and saw Shannon sitting on the couch. Tony curled up under her arm.

"I sent Maggie and Jimmy to get dinner for us." Shannon explained.

"Tony we need to talk to you about something." Gibbs said sitting on the couch beside Tony.

"What?" Tony asked.

"I hate to tell you this but a friend of your dad's called and he wants to take you away from us." Gibbs explained.

"NO! NO!" Tony cried.

"We love you Tony I hope you know that but this person doesn't see that." Shannon assured.

"I don't want to leave you!" Tony cried.

"We don't want you to leave and we will do everything in our power to make sure that you can stay with us forever just like we promised." Gibbs assured.

"Don't want to leave Gibbs." Tony sobbed into Gibbs's sided.

"We don't want you to leave us either." Gibbs assured stoking Tony hair.

He knew he had to remain positive but he hated having to even think of the possibility of his Tony being taken away from him. That child had helped the family overcome so much and now they may lose him forever. Just because some jerk thought that they weren't doing a good enough job raising him. Later that night him and Shannon were lying in bed neither could sleep. They were both so upset about the idea of losing Tony.

I don't get why this is happening Shan." Gibbs whispered.

"Me either Jethro." Shannon replied.

"I mean what makes us not good parents to Tony? Because we don't abuse him?" Gibbs asked.

"I don't know Jethro I really wish I could explain this but I can't and I am sorry about that." Shannon replied.

The door opened and Tony walked in.

"Can I sleep with you guys?" Tony asked.

Meanwhile down in Jimmy's room he and Maggie were lying on his bed.

"I don't want to lose my little brother." Maggie cried.

"I don't want you guys to lose him either." Jimmy replied.

"He is such a sweet kid and he has been through so much." Maggie replied.

"And he hasn't deserved any of it." Jimmy added.

"I just hope that my dad can stop this." Maggie replied.

"Your dad can do anything." Jimmy replied.

"I hope so Jimmy I hope so." Maggie replied.

Maggie wound up falling asleep in Jimmy's arms in his bed not even the slightest bit concerned about her dad finding her in there. She knew that he wouldn't suspect anything not after the news they had received the day before. Back upstairs Gibbs and Shannon fell asleep with Tony snuggled up between them. Gibbs ran his hand up and down Tony's side while Tony cried into Gibbs's side while Shannon held Tony's little hands in hers.

A/N: So the trial will be in the next chapter which will be posted Friday. Please review. Thanks for reading.