AUTHOR: trista groulx (the dustytiger)
DISCLAIMER: kim, jimmy, bobby, carlos, lieu et al don't belong to me, they belong to NBC, their creator and the actors and actresses who portray them
RATING: R for sexual situations (not so much in this one kids)
CONTENT: kim/jimmy, kim/bobby r
SUMMARY: It's the day of the hearing, but Joey's sick, will it all work out as planned?
AUTHORS NOTES: i told you i'd have more juice soon, i really hope ppl are still reading and digging this fic, if you are can 'ya drop me a line? i'd love to know!my muse is alive and kicking, i have many parts written and pretty much edited... reviews will make updates appear faster
Kim woke up, she looked at her clock, grumbled, but got out of bed anyway. She knew she wasn't going to be sleeping much more. She was worried about how the custody hearing would go that day. She went into the kitchen to make a pot of coffee, which she had finished before Joey even got up two hours later. He was still in his pajamas.
"Do I have to go?" he asked.
"Yes, the judge will want to talk to you."
"I don't feel good."
She shook her head. "I'm sorry Joey, but you have to go. Please don't play sick this morning." He shrugged and went into his room. She had told him that he would have to wear his school uniform to make a good impression. He put it on, and went back into the kitchen. She fixed him up, and handed him a plate of Eggos, then went into her own room to get ready herself. When she got back into the kitchen he had hardly taken two bites.
"Joey, we don't have time for this," she sighed.
"I'm not hungry, Mom," he told her pathetically.
Usually that would make her check to make sure that he wasn't, in fact just playing sick, that morning she had too much on her mind. Even waking up that early she was going to be late if they didn't get a move on.
"Just drink your juice then?" she asked him. He gulped down the juice. "How about you take some juice boxes from the fridge, and put them in my bag? And take any school snacks you want for when you're there."
He put three juice boxes, two handy snack peanut butter and crackers, and a granola bar in her bag. She went into the bathroom and checked to make sure she looked somewhat alive. She knew she would have slept better if Bobby had been there, but she didn't want to risk Jimmy coming by before the trial to talk to her again. She grabbed the bag, her son's hand, and went down to hail a cab.
She got to the courthouse, and Joey was having trouble keeping up. While they were in the cab she realized he did, in fact has a slight fever, and he complained his throat was sore.
"I'm sorry, Joey," she said. "We can't change the day."
Jimmy was just inside the doors. Normally Joey would bound right up to his father excitedly telling him about whatever was new in his life. Instead he walked up to him, and gave him a hug.
"Something wrong Champ?" asked Jimmy.
"I'm not feeling good," he explained. "Mom says that I had to come."
"She's right, the judge will want to talk to you."
Kim was at the vending machine, buying a bottle of water. "We'll get some medicine, as soon as we're done here," she told him, opening the bottle then giving it him. "Now keep drinking this it will help your throat."
"Okay," he said.
Catherine had also met them there, and they all went into the courtroom, where their lawyers were already waiting. Catherine sat behind Kim with Joey, and the hearing started. The judge mostly just verified the facts, and asked Kim about why she had filed the restraining order, he then asked to see Joey in his chambers. Joey looked nervous but acted brave for his father. He followed the judge, and sat down on a chair opposite him.
"So, I just have a few questions I have to ask you, all right Joey?" asked the judge.
"Okay," he said.
"Do you know the difference between telling the truth and telling a lie?"
"Yeah."
"Can you explain it to me, please."
He nodded. "The truth is good, and a lie is bad."
"Good, so I want you to tell me the truth, okay?" Joey nodded at the judge. "Has your father ever hurt you?"
"No."
"Good, has your mother ever hurt you?"
"No."
"Do you want to see your father more?"
Joey shrugged. "Sometimes."
"Why only sometimes?"
"Because Daddy doesn't know what to do when I'm there."
"Do you think that you could teach him what to do if you saw him more?"
Joey thought for a minute. "Yeah."
"Good, because both your mother and father have asked for the exact same thing, for your father to see you more. So I almost have to let that happen, unless you give me a very good reason why you wouldn't want to see your father."
Joey shrugged. "If that's what Mommy wants, then it must be good."
The judge smiled. "I just have a few more questions for you. Did your mother tell you to tell me anything?"
"Yeah, she told me that I had to tell you the truth."
"All right, and who's idea was it for you to see the doctor?"
"What doctor?"
"Dr. Evans."
"Oh! Kristy! I wanted to go after Mommy told me that Daddy got to see a special doctor who he can just talk to about things"
"Okay, and you were at your parent's work when they had their fight, right?"
"I only saw the end."
"Have you ever seen your parents fight like that before?"
"Not like that."
"Then how do the normally fight?"
"They just scream at each other. Then Daddy leaves, and Mommy starts to cry."
"Have they fought like that since the last fight you saw?"
"No, Bobby's always at my house when Daddy comes over now."
"Who's Bobby?"
"Mommy's partner."
"Okay, do you like having someone there when your parents see each other?"
"Yeah, it makes me feel safe."
He nodded. "That's all I needed to know, thank you, Joey."
He walked Joey out of the office, and told everyone that he was making his ruling. They all went back into the courtroom.
"My decision was easy to make, both Ms. Zambrano and Mr. Doherty seem to have negotiated their shared custody amongst themselves. Therefore I am going to rule that nothing changes with the custody of Joey Doherty. I am, however, going to strongly suggest that you both continue having a third party present when discussing anything to do with your son. He seems to be much happier this way, and I feel it is a good way to prevent him from seeing more fights between his parents."
Both Jimmy and Kim were thrilled by the decision and not surprised that he had made the recommendation to have another person there when they had things to discuss. It had been working out better that way, and Joey did not need to see his parents fighting that much. They also knew that they would not have to tell Catherine that she would seeing less of her grandson.
Joey and Catherine had left the courtroom already, and the only people still there were their lawyers, Jimmy, and Kim. He looked over at her.
"You planned it, didn't you?" he asked.
"Planned what?" she asked innocently.
"I don't know how you planted the seed in Lieu's head, but I know it was you."
"I have no idea what you're talking about."
"Thank you, Kimmy, I won't let you down."
She nodded, and went to find her mother and son. Jimmy suddenly felt like the biggest ass in the world for having told Doc his suspicions about Kim and Bobby. When she had actually gone out of her way to make sure that he got to spend more time with his son. He got into the hall, and Joey came over to him.
"So how much more do I get to see you Daddy?" asked Joey.
"I think you get to see me everyday after school, if your mom lets me," Jimmy explained.
"What?" asked Catherine.
"This isn't the best place to explain this to you, Mom. I'm sorry," Kim said.
"Explain what Kim?"
"Jimmy's shift at work was changed, again, and I was thinking he could take Joey from after school, to when I pick him when I'd normally pick him up at your house."
"That does make more sense, but do you think he can handle it?" she asked.
"You know, I'm right here, I can hear you," Jimmy said
"Yes, Mother, I do think he can handle that," Kim said. "Look, Joey's not feeling well, I just want to get him home, to bed." With that, Kim walked down the hall, holding her son's hand. She got outside the building, glad to see that there was a cab already waiting. They got in, and went home. As soon as they got in Joey went to his room, changed into his pajamas, and curled up in bed. She gave him a little bit of medicine, and he went right to sleep after.
tbc
end notes: okay this piece did not work out as well i wanted it to, but it works and it's done that's all that matters right? i have lots more written, happy reivews help me get 'em up quicker ;)