Chapter Seven: The Battle
In just one week, Kay and Jack found themselves sitting in a court room. On the other side of the room was Miguel. Theresa had offered to watch Maria since she felt guilty about what had happened. Kay didn't blame her at all. She knew Miguel was just angry because Kay didn't want him in Maria's life. Miguel was the first to take the stand.
"Can you tell me, Mr. Lopez-Fitzgerald, why Mrs. Bennet is an unfit mother?" Jack's lawyer asked him.
"Well," Miguel began. "She's never home to be with Maria, and her husband isn't either. They both work all the time and are never there," he said. He wasn't sure if that was true or not, but he had to say something. "I'd also like to point out that while Kay and Jack are here, Maria is at my sister's house. Someone from my family is watching her. They don't even have a real babysitter for her; the woman that watches her already has a young child to take care of, and Maria barely knows her. When I'm at work, my mother, sister, and brother are all willing to watch Maria because she is family."
"I see," the lawyer said. "Don't you agree that Maria would be better off with two parents rather than one?" he asked.
"She will have two parents," Miguel lied. "I'm getting married soon, and my fiancé can't wait to be a mother to Maria. Besides, even if she would be raised by a single parent, she'd still turn out fine. My mother raised five children on her own, and we've all become successful."
"That's all, Your Honor," the lawyer said. Now it was time for Miguel's lawyer to question him.
"Miguel, how does it feel to be ripped away from your daughter, your only child?" she asked him.
"It's horrible. I wouldn't want anyone to ever feel this much pain," he said, shedding a few fake tears. "I just don't understand why she won't even let me have joint custody of Maria. Then I wouldn't be forced to do this," he said, between sobs.
"I can tell that you're too upset to continue. I don't have any more questions," she said to the judge.
"You may step down," Judge Scott said. Now it was Kay's turn to speak. She was furious at the way Miguel had just lied and pretended to be so upset.
"I only have one question for you," Miguel's lawyer told her. "Why would you ever want to put Miguel through all that pain?"
"That is all an act," Kay said. "Miguel has never cared that much about his daughter. He left her, left us, when his girlfriend left Harmony. He abandoned Maria when she was just a baby to chase after my cousin. Then when my cousin died, he came running back and pretended that he loved me so he could get Maria. I'm not letting him have her," Kay finished.
"So, Miguel's girlfriend, who also happened to be your cousin, died recently?" she asked Kay.
"Yes, she did," Kay answered truthfully.
"Now I can see why you're keeping Miguel away from his daughter. You truly are a heartless person that you don't care if a family member just died. I have nothing more to say," the woman said and sat back down. Kay sighed.
Great, she thought to herself. How am I going to get out of this one? Since she had already said that Miguel abandoned his daughter, Jack's lawyer didn't have any questions for her. It was up to Jack to set things right.
"Mr. Bennet, in your opinion, is your wife a bad mother?" his lawyer asked.
"Of course not! Kay is a wonderful mother. She is so caring towards Maria, and every second of the day is worried about her well being. There is no way that she could ever be labeled an unfit mother," Jack answered.
"And is it true, what Mr. Lopez-Fitzgerald said, that you and your wife are always at work?" he asked.
"That is a complete lie. We both work at the police station. Kay works Monday through Friday from 8 am to 4 pm. I work the same days, only from 3 pm until 9 pm. Maria is only with a babysitter for one hour each day. We are both home on most weekends, and the rare times that I do have to work on a Saturday, Kay is home with her. I would also like to add that her babysitter is not a complete stranger, as Miguel stated. Her name is Tabitha, and Kay lived with her ever since Maria was born. She has always helped Kay out, and Maria loves her dearly." Kay was so happy that Jack was turning everything around.
"No further questions Your Honor," Jack's lawyer said.
"Now, Jackson, can you tell me why Maria is better off with you than with her biological father?" Miguel's lawyer asked as she stepped forwards.
"Just because Miguel is her biological father, doesn't mean that he's a father at all. He left her when she was only a few months old, in order to chase after his girlfriend. I have been with Maria now since she was one-year-old. She calls me 'Daddy,' and doesn't even know who Miguel is. When he said 'hello' to her the other day in the park, she hid behind Kay because we have taught her to never talk to strangers. In her eyes, he is a complete stranger. I am her father, and I have also adopted her. So she has two very fit parents to take care of her, and would never be happy if she was turned over to someone she doesn't even know," he finished. Kay smiled as she saw that Miguel's lawyer was speechless.
"No further questions," she said and sat down. "This doesn't look good," she whispered to Miguel, but everyone heard.
"After hearing all of your statements, it is obvious where Maria should be placed. I will not put her with someone she does not even recognize, but I want to see this for myself. You may let them in," Judge Scott said to the Court Marshall at the back of the room. Kay, Jack, and Miguel all turned to see Theresa led in carrying Maria. The judge motioned for her to come right up to the bench. "Do what we discussed on the phone," she told Theresa.
"Okay," Theresa agreed. She set Maria down on the floor, equally distant from Jack and Miguel. "Who's that?" she asked her, pointing to Jack.
"Daddy!" Maria yelled excitedly.
"Okay honey. Now how is that?" Theresa asked, pointing at Miguel this time.
"Stranger!" Maria cried and tried to hide behind Theresa. "I scared!" she yelled.
"I can see that the child is obviously frightened. I award permanent custody to Jackson and Kay Bennet. There is no need for Miguel Lopez-Fitzgerald to even visit Maria. However, it is up to the Bennets as to whether or not he can see her. This case is dismissed. I wish you well with your daughter," she said to Jack and Kay before leaving the room.
"Go to Mommy and Daddy," Theresa told Maria. She obeyed and ran over to Kay and Jack and they each held onto one of her hands and left the court room. Theresa walked over to her brother, who slammed his fist onto the table and put his head down.
"Miguel, I told you not to do it, but you didn't listen. You can't take a child away from its mother. You just can't," Theresa told him. He picked up his head and spoke.
"Oh, don't worry about me. I'll get my revenge," he said and smiled. Theresa left the room, her eyes full of fear. She had to warn Kay and Jack before it was too late.
A/N: Hope you still like the story...please review and let me know.