On the Appropriate Use of the Past and Present Tenses

"Sir, you can't simply march in here, claim to be a boy's father, and walk out with him. There are procedures that have to be followed. You have absolutely no proof. You don't even know if your name is on his birth certificate."

"Look, I haven't seen his mother in more than 15 years. I didn't know she was pregnant when we broke up. But the timing fits. I'll do whatever you want, paternity test, whatever. But by some fluke I'm here when this happened. I can't believe that's by accident."

"Fine. We have detectives looking for the boy's birth certificate now. If your name is on it, we can discuss how to proceed. If it's not, you can take a paternity test. But those results take a few days to come back. And Ms. Carver may have made other arrangements for her son already - we won't know until we find her will."

"She's just going to have to unmake them. He's my son and he's coming home with me."

The social worker started a little. The large man had been a hassle from the moment he'd walked in the door, but this last statement was a little much. "She can hardly unmake her will, Mr. Scott. She's dead."

Dan flushed a little at his slip, but none of the arrogance left his expression. "I still have priority over whatever is in her will, as the father."

"You're that sure he's your son, then?"

"Everything fits. He's mine."

The social worker sighed. The thing was, she knew this impossible, rude, cold man was probably right, because the boy's middle name was Scott. His mother must have been acknowledging his paternity in that, if nowhere else. This poor child was going to lose his mother and gain a miserable excuse for a father in one fell swoop. Sometimes God had a vicious sense of humor. But Carver's friends at the bank had said she apparently didn't have any other family, so there wasn't even anyone to challenge his claim. Just then her phone rang. "Lopez... Yeah? Okay, thanks. Do me a favour and bring everything over here? No, believe it or not, I don't think that's going to be a problem... Because he's sitting right here in front of me. Yeah. Conference. I know. No, he'll stay OTC tonight and I'll get the paperwork going in the morning. Thanks." She hung up. "Well, Mr. Scott, it seems your confidence was justified. Ms. Carver did indeed name you as the father on the birth certificate. They also found a will giving you custody in the event of her death, as well as sealed envelopes with your names on them. They'll bring it all over here as soon as they wrap up. In the meantime..." She stood. "Would you like to come meet your son?"

Dan stood, suddenly feeling a little nauseous, but refusing to let it show. This was just stage fright. Like before a big game. He could do this. He had Lucas. He knew how to talk to teenage boys. Mrs. Lopez lead him through the hall to a large dining room, crowded with kids. It was like a high school, but there was a darker feel to it. More malevolent, hostile even. "Wait here," she ordered, and so thrown was he by the anger swirling around him, he did. He saw her approach a dark-haired boy sitting alone, with an untouched tray of food in front of him, staring into the middle distance. It was at that moment he realized he'd forgotten to ask Mrs. Lopez the boy's name. He was about to meet his son for the first time without even knowing his name. The nausea returned. But there wasn't time, no time, because the boy was standing, and he was tall, taller than Lucas, and they were walked toward him, closer, closer, as the room got so so small; so small there was no longer any room for air to breathe, all these damaged, bitter kids using all the oxygen so he had none, and then suddenly he was in front of him, looking at him with his mother's eyes, those same betrayed eyes she'd looked at him with when he told her about Karen... "Nathan, this is your father. Dan Scott."

Nathan said absolutely nothing until after Mrs. Lopez had brought them to a conference room and left them alone, saying she'd be back in a bit with the letters. Even then there was nothing for a few minutes. It's hard to start a conversation when you can't even make eye contact, and Dan couldn't bear to see those eyes again. Finally Nathan spoke. "Why are you here?"

"I saw the news. I saw Deb... your Mom. I came right over."

"No, I mean, why are you in Nevada? Mom told me you lived in South Carolina."

Dan winced. A die hard Tarheel, he had no wish to be so badly misidentified. "North Carolina, actually. I'm here for a dealer conference. I live in the same town I grew up in. Place called Tree Hill. It's a nice little town. You'll like it there."

"I'm not going."

"Nathan..."

"No. You can't just show up after 15 years and say 'surprise here I am now move to the other side of the country.' It's not fair."

Dan sighed. "No it's not. But that's where I live. Apparently that's where your mom wanted you to go should anything happen to her. And as for not being around until now, that's hardly fair. I didn't even know you existed until 2 hours ago."

The angry look didn't leave Nathan's face. "Mom said you didn't want her. You went back to your old girlfriend."

"That's... Well, true, if somewhat overly simplified. But here is the important thing. You must believe me Nathan, I didn't know she was pregnant when I left."

Nathan was obviously not going to let it go without a challenge. "What would you have done if you'd known?"

Dan started to speak, and then paused. "I don't know. My girlfriend from high school was pregnant. I can't know what I would have done if I had to choose between Deb and Karen on more equal terms. I loved your mom, I really did, but Karen was pregnant. Going on the info I had, I had to give priority to the baby."

"You didn't really answer my question."

"No, but then it's not really answerable. Even if I could, it wouldn't change the past."

There was a pause before Nathan spoke again. The challenge in his voice was gone, and he sounded so much younger. "Did you really? Love her?"

"Yes," Dan responded. "I mean, we were only together for a short while, but I could see a future with her. Your mother was kind, and gentle, and loving. She brought a special feeling to my life."

"She always describes you as very driven. Focused is the word she uses."

Dan noted the use of the present tense, but restrained himself from correcting the boy. "I don't deny that. I make a goal and then I achieve it. That's what you have to do if you want to succeed in life. But enough about me. Tell me about you. Do you play basketball?"

"A little when I was younger. Not now."

"What position?

"Shooting guard."

Dan smiled widely. "Same position as me and Lucas! That's my boy. What was your average?"

Nathan flinched a little at the words "That's my boy" but answered. "I don't really remember. It was a long time ago." He paused. "Who is Lucas?"

""My son. Your brother. Well, half-brother I suppose. He's... when's your birthday?"

"June."

"Okay, so he's 3 months older than you. He plays varsity for the Tree Hill Ravens, although if he doesn't get his game back on track and pronto he's gonna lose that shooting guard spot. Don't worry, we'll get you back in shape and on the squad."

Nathan arched an eyebrow. "Varsity? Isn't that reaching a little? I haven't played more than neighborhood games since elementary school."

Dan waved away his objections. "Don't be ridiculous. You're my son, and genes will tell. You'll be ready in no time. Why'd you stop, anyway?"

"It reminded Mom too much of you. She isn't the kind of person to come right out and say it, but once after a game, I heard her crying in her room. So I quit."

This time, Dan spoke. "Wasn't, Nathan."

"Huh?"

"You said isn't. Present tense. Your mom is gone. Past tense."

Nathan stood up. "You... you absolute jackass. Mom chooses to cut you out of my life entirely rather than accept anything from you, and you're going to sit there and give me lessons in grammar?! What kind of person are you? I know my mother's dead! You think I don't know? I got to see her brain splattered all over the evening news!" He was screaming now, and pointing to his own head. "What the hell is running through your veins? Do you even have a heart? Forget this. Mom obviously wasn't thinking straight when she named you guardian. There's no way I'm going anywhere with you."

There was a slight ahem from the door. It was Mrs. Lopez holding some papers and three white, sealed envelopes. "Bad time?"

Dan stood while Nathan sat down in disgust. "No, I'd say it was just about perfect. Are those..."

"Yes, Mr. Scott. Why don't we leave Nathan here and you and I can go talk in my office." She handed one of the envelopes to Nathan. "We found this in your mother's desk, along with her will and other important papers. I'll be back in to talk to you in a few minutes."

She lead Dan back to her office and gestured for him to take a seat. "Mr. Scott, there's a wrinkle. Debra Carver's will did not name you as Nathan's sole guardian."

Dan stared at her, shocked. "But you said..."

"Let me finish. It names you as guardian, together with who I assume is your wife. Karen Scott?" She picked up a blue-bound document off her desk. " The exact text reads 'Custody of my son Nathan shall go to Daniel and Karen Scott of Tree Hill, NC.'" She handed him the folder so he could see for himself. He glanced at it and then dropped it, hands scorched.

"Then we have a problem. Karen and I got divorced a little over a year ago."

Mrs. Lopez frowned. "This is going to be a challenge. The will doesn't make provisions for sole guardianship. As it stands, you and your ex-wife share custody of this boy."

"Not going to happen. She's not getting her hooks into another one of my children."

Mrs. Lopez sighed, and wondered how this man had ever gotten not one but two women to sleep with him, much less bear him children. "That's going to be for a judge to decide. Right now, as far as the State of Nevada is concerned, Nathan belongs to us. Once we have the hearing tomorrow, you'll be granted emergency custody based on the fact that you're here, and the birth certificate, but the permanent custody hearing will be based on any number of factors including the will, which names both of you, and what is in Nathan's best interests. Would you like to call her, or should I?"

Dan had missed the last statement. "Wait, tomorrow? Why can't I bring him home tonight?"

"Because, Mr. Scott, the State of Nevada is not giving emergency custody to a tourist whose sole Nevada residence is 'Room 1273, The Mirage'! That's just not how things work. Nathan will stay here tonight and tomorrow we'll go in front of a judge. Then I'll get the paperwork started to transfer the whole matter of permanent custody to North Carolina's jurisdiction, and once they accept the case, you and Nathan can leave Nevada, but not before. The will itself will have to be executed in Nevada, but she's named her lawyer as her executor, so that's not your problem. He'll take care of selling the house and settling the rest of it."

Dan perked up. "House? What if I took Nathan to Deb's house tonight? That way he could sleep in his own room at least. I promise I won't run off with him." He meant it too. Nothing that would give them any leeway to rule Karen had rights over this boy.

Mrs. Lopez leaned back and considered for a moment. "Okay, I'll let you take him back to his house tonight. Be back here tomorrow, 8 am sharp. I've got an emergency hearing in front of Judge Nevins at 10 am and there's a lot of paperwork. Do you know a local lawyer?"

Dan shook his head. She pulled out a stack of business cards. "These are all lawyers who specialize in family law. You can use my phone if you want, but get someone in there. While you're making phone calls, consider calling your ex-wife as well. She needs to know what's going on, the sooner the better, but I can call her if you want. While you're doing that, I'm going to go down and speak with Nathan. You might want to also read your letter. There's one for Karen as well, but I'll take care of getting that to her." She didn't say she didn't trust Dan to make sure Karen got her letter.

Once she was gone, Dan picked up the phone. Deciding to get the easy one out of the way first, he called the hotel and left messages for the other two people there from Harris, letting them know what was going on and that he probably wouldn't be back at the conference, and could they please call Susan Harris and let her know. Then he started on the lawyers, calling 8 before he found one who could be in court the next morning. He was a little worried-how good could this guy be if he was free on a moment's notice, but he sounded competent over the phone, so that would have to do for now. Last, he dialed Karen's number, formerly his number. Please please please he whispered to himself as he heard it ring... Don't let Lucas answer. This was not a conversation he wanted to have with his son over the phone. Luckily, his prayers were answered. "Hello?" came the once much-loved female voice over the distant wires.