Chapter 7: The Custody Battle

For the next few months, Kimberly worked with Alan before the court date. The first win was keeping the case in New York City, not having to move it to California, like Mr. Lewis fought for, knowing he might have better chance to more rights to Tommy in California. Alan had set Kimberly up with some notebooks and personal organizers for Kimberly to use everyday to write down everything she did with her son to show how caring, responsible mother she was once they were before the Judge. Kimberly kept track of the money she spends on her son, the places she takes him, and the quiet at-home time she spends with her child. By keeping these records, she hoped to be able to prove to the courts that she is the best parent and that the other parent could not be as good as you. She deserved to keep her son in her home, and let Tommy have visitation rights like any father deserves.

Even though Alan Shore was not a family law attorney, he had a flare and his assistances were very helpful for the case. Kimberly told Alan the whole story, why she kept the secret from Tommy, even the uncomfortable arguments she has had with her parents over her son. Kimberly sought out the help from her friends, but found a few somewhat divided. All of them hated the idea of their 2 best friends fighting, and knew no good would come from this court case. Tommy did however make a note with his lawyers and parents that his friends knew the truth over the years and refused to tell him. He knew they would probably choose Kim's side because they chose her side all those years ago.

Alan assures Kimberly not worry, as Tim's younger sister, he will work as hard as he can to make sure she has not done anything to warrant them taking away her son, but Tommy could get partial custody which would mean he can take their son to spend time with on a schedule they set up together, not by the courts. Kimberly was okay with that, she wanted Tommy to be able to take Zeke anytime he wants, because as his father, he deserves and has that right. Her only problem was that she wanted it to be a smooth transition, not something rushed and forced upon her son. Zeke was a smart kid and didn't like things forced on him. Tommy should have known that. He was exactly the same way.

It was June now, and on the morning of the first day in court, Kimberly stood by her mirror, applying eye shadow after mascara. Zeke came into the bedroom though he was supposed to be finished with his breakfast. He looked up at his mother dressed in a black sleeveless top and heather grey pencil skirt and black pumps.

"Wow, Mommy you look beautiful."

"Thanks baby." Kimberly brushed her newly super straightened hair back some more.

"Why can't I come?"

"Baby, I told you why. This is not for little boys."

"But Daddy…"

"Zeke, no. Don't start. I can't have you there when…"

"When you and Daddy are fighting?"

"We won't be fighting."

"Yes you will. You are always fighting with Daddy over me."

"Baby, that's not true."

"Daddy wants to take me away. But I don't want to go! I want to stay with you! Why can't Daddy just come live with us?"

"Because he can't."

"But I can ask Daddy… he said he would do anything for me!"

"Not this baby. Look, I can't be late. Go finish your breakfast, so you can go with Tim when he gets here." Zeke turned to leave before running back to his mother. He hugged her tight. Kimberly put an arm around him and patted her son's back. "Go."

"I love you Mommy."

"I know baby. I love you too."

Kimberly walked with Tim and her son to the subway before Alan was to arrive in his limo to pick her up. Zeke was playing his game on the bench. Tim was going over to the studio he got from his failing label and turned into a club to house bands and other acts under his new record company label. Tim brought the space and was working on fixing up the business back to standards it was years ago. Tim hoped if he fixed it up, he could make do with it again, but much bigger.

"Are you sure you don't want us, me there?" Tim asked.

"I'll be fine. And yes, I don't want Zeke there."

"I still think you should have someone there at the table with you."

"Aisha will be there and …"

"Aisha won't be sitting at the table in front of the judge with you. I have been there since the beginning, I should be there today to…"

"I need you to take care of Zeke. Eventually you will be called into court and that's going to be hard enough."

"You're my baby sister, I feel wrong not being there with you today."

"Thanks. But I'll be fine, trust me." A black sleek limo pulled up. "That's Alan. I'll call you later."

"Don't interrupt."

"What?"

"When the other lawyer is a prick, which he will be, he's paid to be, don't interrupt. Judges hate that."

"I know, Alan has been coaching."

"I mean it, don't let him get to you, that's his job." Kimberly hugged Tim. Zeke came over to his mother once he saw a limo pull up beside his uncle and mother.

"See ya later, baby."

"Bye Mommy." Kimberly lifted her son in a tight hug before she walked over to the limo. She got inside, waving back to her son before closing the door and limo pulled off. "So, when are we going to the courthouse?" Zeke asked. Tim looked down at his nephew. He really was his sister's son.

"Right now."

Kimberly stood outside the courthouse in a private room given to both sides before the case started. Kimberly stood fidgeting. She was playing with the hem of her blazer, her finger nails, anything to take her mind off the case. Kimberly looked over to see Tommy with his parents. She wished she had taken up smoking to calm some nerves. Every time Kimberly looked at Mrs. Oliver, she felt like she was living in a soap opera with those crazy mothers would just couldn't let their son live his life. Like their son could never be an adult, so they make all their decisions. It was those mothers that are always trying to 'protect' their son as they say, when really they were just trying to control their lives. Alan came up behind her. He put his hands on her shoulders.

"They are almost ready inside," A guard said coming into the room. Tommy and his side nodded. They went to wait outside. Alan fixed up some paper work before putting them into his briefcase.

"Okay, let's go Kimberly."

"I can't do this."

"What?"

"I can't do this Alan! I can't go in there, what if I lose him, what if I lose my son? I don't know what I will do…"

"Shhh… you can't think about that right now. That is not the right mind set you need to have going into court…"

"Fuck the right mind set! Alan… I could lose my son in there."

"You have done nothing to warrant losing your son. You are a good mother and have provided a great life for your son, with his schooling, kid programs, and household living standards. You have nothing to worry about. This is going to be a short case. You two will just split custody, summer vacations, holidays splits, nothing more."

"Promise?"

"I promise." Kimberly hugged Alan. "You ready?" Kimberly nodded.

Tommy and Kimberly sat at their tables immediately in front, before the huge Judge's table. The courtroom was pretty large, not as large as most rooms, but big enough. There was an old lady sitting to the right of the judge as the court taker. She was in charge of running a smooth court and ensuring that records of the hearings are accurately kept. There was a witness box as well. This is where a party gives evidence on oath. The court taker will ask the witness to swear, or affirm, that the evidence they will give will be the truth. It is a criminal offence to lie in court. Giving evidence in the witness box is often called taking the stand.

Kimberly looked around the room. Alan was setting up. Aisha reached forward and placed her hand on Kim's shoulder. Kimberly closed her eyes and placed her hand on top. Tommy sat with his lawyers and was just as nervous. He was messing with his hair a lot more now inside the courtroom.

"Stop fidgeting," Mrs. Oliver whispered to her son. "Leave your hair alone." Tommy finally realized what he was doing and stopped. All of a sudden, the court clerk came from the Judge's back room.

"All rise, this court is in session for the Honorable Judge Marcus Black!" Everyone in the courtroom rose as Judge Marcus Black walked into the room from his chambers. Judge Black was your elderly man, with a mustache, short hair. He looked pretty bulky for his age, but had a charming face about him. Family Court Judges are specialist District Court Judges because of their training, experience and personality in family court.

"You may be seated," the Judge said after he took his seat. "We are here for case number #54236, Hart versus Oliver for Thomas Zeke Oliver Hart. The sole purpose of the custody agreement is to reach an understanding on how to raise and care for the child with both parents sharing in the responsibilities and maintaining involvement in the day-to-day life of the child. For the custody agreement to work it is essential that everyone here be flexible. Make every attempt to encourage and respect each other's relationship of your child and the other parent. Don't assume anything and keep an open mind. This court will take into consideration the best interest of the child when making the final decision. Now, if this court feels that neither parent is acting in the best interest of the child a guardian and item may be appointed to help in making decisions on the behalf of the child. And depending on the age of the child, their wishes may or may not be taken into consideration. Some states strongly take into consideration the wishes of the child depending on their age; some states do not consider the child's wishes at all, without regard to age. Now, your son is only 5 years and will not be able for consideration of his wishes because he is just too young. In some time, there will be an evaluation usually done by a court appointed mental health professional such as a psychologist or a social worker. A thorough evaluation can include the following: interviews with all the parties involved (individually and possibly with the parent and child together); psychological testing of both parents and the child; review of school records and or conversations with teachers; review of medical records and developmental history; review of legal records, such as the papers filed regarding the divorce, any possible domestic disputes and any criminal records of either party involved. Now, lets us begin. I will hear from Mr. Lewis first." Tim and Zeke sneaked into the courthouse, and stayed in the back with hats covering their heads.

"Thank you, your honor," Tommy's lawyer said standing up first. Mr. Dillon Lewis was your normal lawyer, brass, cocky, and handsome looking. He stood tall, almost as tall as Tommy. Kimberly instantly didn't like him, then again, Kimberly instantly didn't like anything about having the courts decide custody over her son. She already had to go through this with her parents while they were divorcing. Kim's father at first wanted the split custody with her, having Kimberly shipped back and forth between them until she was an adult, but finally wised up thanks to her mother's lawyers. Kimberly just lived with her mother and had the visitation and child support payments from her father.

Kimberly always hated how her mother was able to just make her father just a person, not father. He didn't make any decisions in Kim's life, not like a normal parent would. Kimberly feared Mr. Lewis would do the same in this case, try to make Kimberly become the absent parent. Mr. Lewis went into his opening speech about Tommy and how all these years he has been lied to you by Kimberly and his friends. They have kept the secret of his son from him, depriving him in his son's life. Mr. Lewis went into how his life was turned upside by the lies of Kimberly. But his attention was only on the lies of Kimberly and not the why behind her lie. Alan would have to often grab Kim's arm to try and quiet her. But Alan couldn't object to anything since this was just opening speeches.

"She lied to my client your honor, over and over and over…"

"It wasn't like that," Kimberly muttered. Mr. Lewis stopped and looked back at Kimberly with a cunning smile.

"Miss Hart, please, not another outburst."

"I'm sorry your honor, but this lawyer is..."

"Quiet Miss Hart immediately!" The judge ordered. Alan rubbed Kim's hand. "Your lawyer will have a chance to speak shortly afterwards!"

"Oh and I will you honor," Alan said turning to Mr. Lewis.

"As I was saying your honor, my client just wants the time he lost with his son thanks to Miss Hart's lies. He deserves that time as the son's father and I will prove that. Thank you sir."

When it came to Alan Shore's opening comments, it was Tommy's turn for the outbursts. Alan had agreed on principal with Dillon, yes, Kimberly had lied to Tommy, but lies don't make a terrible parent. Alan told Kimberly side of the story, and claimed that if anything that makes a terrible parent would be the one trying to take a child from the only home he knows with no reason other than to get back at the other parent. Tommy couldn't believe Mr. Shore called him inconsiderate and just plain mean man. And a guy wanting to experiment with his son, when he had no parenting experience in his life and Kimberly had raised a wonderful boy. Alan said, Tommy doesn't deserve full custody, if anything, Tommy should only get visitations with supervision because he has showed to be the one that is slightly out of him mind.

"I am not crazy! And I deserve a lot more than that!" Tommy shouted.

"Yeah right," Kimberly said.

"That is enough from you two! Into my chambers, the both of you, immediately! No lawyers!"

Kimberly and Tommy followed the guard into the chambers of the judge. The Judge had the door closed behind him.

"Sit down!" Kimberly and Tommy sat down after looking at each other. "Now your outbursts in my court is not helping, nor will it be tolerated from the both of you anymore."

"But your honor…"

"Enough! You have brought this case before my eyes and ruling because you two could not come to a compromise."

"We wouldn't be here if it wasn't for him," Kimberly muttered crossing her arms over her chest. Her head turned away from Tommy.

"Me! You are one that refused to let me take my son to see my home for a week! All I asked was for a week!"

"You don't have any experience with a child, how could I possibly let my son…"

"He's my son too!"

"Only by DNA!"

"Enough!" the Judge yelled.

"I am his father, I deserve the time I lost because of you."

"You are his father, Tommy, but in no ways are you a Dad."

"Because you never gave me that chance!"

"And I have apologized over and over for it! I am sorry I never told you, but at that time, I was so confused and hurt by everything! How was I supposed to know?!"

"You have known how I felt about children since the beginning! I would have never abandoned my child! How could you say you didn't know that!"

"I lost my father! I lost my mother because I was pregnant! My own parents disowned me. Can't you see why I did it? I have had not one call, one letter from them since I gave birth to your son! How could I have been so sure, so positive you wouldn't do the same to me back then!" Kimberly yelled back.

"Because I love you!" Tommy fired back. He and Kimberly looked at each other. "Loved you." The judge looked at them. "Loved you," Tommy corrected.

"I think we might be getting somewhere."

After a few minutes, Kimberly and Tommy came out from the chambers. Kimberly and Tommy quickly went to their seats.

"I will give recess for the moment. We will return in 20 minutes to hear both sides of the story, but first from Miss Hart. I would like to know the real reason why you did lie for over 5 years." They broke for break. Alan took Kimberly aside.

"What happened?"

"We yelled at each other some more."

"Okay."

"And the Judge made us promise not to do it again."

"Good. This is not some shouting match and the loudest or last remarks win. You have to know when it's time to disagree and when it's time to just shut up and take it. Now, when you give your side of the story, I told you be truthful, emotional if you must, but not overwhelming. We have to hear your side, feel your pain to make the judge understand why you lied. But then show how well Zeke has been taken care of with the help of your brother and friends."

After the break, Kimberly walked to the intimidating witness box. She was lucky she wasn't claustrophobic or this would have been harder than ever. The guard came over with the bible.

"Do you swear to tell the truth and nothing but the truth?"

"I do."

"You may be seated," Judge Black said.

"Thank you, your honor." Kimberly sat down. Alan stood by the stand.

"From the beginning Miss Hart. And don't be afraid to give every detail possible that you remember."

"Okay." Kimberly looked out into the courtroom. "I guess, I'll start at the beginning… I was in high school and you know how every relationship is wonderful and great filled with promise and dreams. And that's the way things were when I first met Tommy. Everything was great. We fell in love and though we were so very young, we felt it. We dated for such a long time, I guess you can say it the perfect first love." Kimberly smiled. "But then, I left to pursue another dream, a dream of Olympics, which was hard and risky, because I was giving up something in my life, someone I loved for something that just might not happen. But I did. I left. Things were as great as it looked, and I did some things that…"

"The first letter…" Alan said softly.

"Yes." Kimberly wiped her cheek of a tear. "I sent a letter to Tommy, breaking up things because it was just so hard you honor. The constant pains from gymnastics was just horrible and, well being apart was just so hard to manage. I didn't think it was fair to force Tommy to wait, so I broke up with him. And as much as I like to say things got easier after that, it didn't. I thought things would, but it didn't. So, I just had to learn how to forget it. Forget him and go on with my life. Then he came to me…" Kimberly looked eyes with Tommy. "He was worried about me because I hit my head and… I was going to call him, everyone, but I just didn't want to deal with everything at that time, so I forgot. But he didn't. Tommy came to the Trials for me." She smiled. "And everything was perfect again. We had talked and… I don't know I just… I realized how stupid I was to break up with him in the first place." Kimberly looked at the Judge. "And when we, we made love, I felt like my life for once was getting back to normal."

"Continue."

"Well, Tommy had to go back and I was okay with it, knowing we would see each other again. We promised each other it would be better this around. And I believed it. So, I went on to the Olympics and the rest you know was history." Judge Black nodded. "First women's team to win gold and all that madness. It's a long process with many head aches and tears. And I won my gold too and everything was supposed to be great. I should have been on top of the world, but I wasn't. I found out I was pregnant right before the team final. It should have been the happiest moment of my life, here I was carrying a child with the one person I… But I had so much to do. My team was counting on me, so I competed even when I shouldn't have. Then my parents found out that I was pregnant. And to say my parents weren't happy is an understatement. I don't know what happened that day, but I lost them. When they found out, they wanted nothing to do with me or my baby." Kimberly looked at Tommy with tears in her eyes. "Here was I, Olympic champion and pregnant, I should have been happy and I wasn't. I was so scared, so confused. I couldn't understand why my own parents would do that to me. Just leave and not want anything to do with me. I didn't have much, I mean, money wise, I didn't have much. All the money I had were in bonds, until I was 18. I was being completely supported by my parents, so of course when they left, I was heartbroken. I didn't know what to do, who to trust and who to turn to. Granted I would be getting money from sponsors and stuff, but I was just 17. 17 and a baby on the way. I know I should went to him, to Tommy and told him, but… I was 17 and confused. I did what I did for the best for both of us. And my older brother offered me to stay with him, while he would support both of us, me and the baby, and I was grateful for that. Still am."

"But why didn't you tell the baby's father?" Alan asked. "He had the right to know."

"I know, I … I was afraid, your honor," Kimberly said looking back at Judge Black.

"Afraid?"

"Afraid I would lose Tommy too. He had his own life to live. He had his own things going on, and a baby would have… complicated things a lot more than it had to be. That was the main reason I broke things with him in the first place. I wanted him to live… I thought it was all for the best, so I didn't tell him. And I left the country to make sure I didn't ruin his life because I was the one being selfish by wanting to keep the baby in the first place."

"Thank you Kimberly. Let us take a break." Kimberly nodded. Kimberly stood her seat by Alan.

"Good job." Kimberly nodded as Alan handed Kimberly some tissues. Tommy looked over at Kimberly.

After taking a few moments to collect herself, Kimberly excused herself for some air. Tommy watched her get up from her seat. Kimberly noticed Tim attempting to hide in the background. She pointed to him and the door. Tommy watched as Kimberly was shoving her brother out the door, while holding her son's hand.

"I told you I didn't want him here!" Kimberly yelled at her older brother once they were a few feet from the courtroom. She hit him hard on the arm.

"Hey, ow! This is not my fault! He practically dragged me here!"

"He is 5! You are the adult! I can not believe you, Tim!"

"I'm sorry Mommy." Kimberly squatted to her son.

"Baby, I don't blame you. I blame your stupid uncle."

"But Mommy, it's my fault, I begged and begged him."

"I don't care. You shouldn't be here."

"Am I the reason I don't have grandparents? Do they hate me?"

"What… no baby, it's not your fault."

"But you said, my grandparents were dead, Mommy. They're not dead…"

"Look…to us, they are dead, okay."

"But they aren't. They just don't want me."

"Baby…" Kimberly hugged Zeke. "This is why he shouldn't have been here."

"I'm sorry."

"You should be." Kimberly lifted her son while still hugging him. Tommy found them. Tim had taken Zeke and left the courthouse with Kimberly watching them.

"Hey."

"I really don't need this." Kimberly walked away.

"Look, I'm sorry." Kimberly stopped and turned around to face Tommy.

"Sorry?" Kimberly laughed while shaking her head. "You're sorry? Funny, Tommy. So funny."

"I didn't want this to happen."

"Thank your mother for that buddy."

"You are the one that couldn't compromise with our son."

"You have done nothing to warrant me to give you anything. You can't just uproot him when you feel like because you want to play Daddy! He is not some cake you can split in half and say here's your piece," Kimberly said holding here hand out. "He's my son. He's my son, Tommy and I refuse to treat him like anything else. Now if you don't mind, I want to be alone right now." Kimberly walked away.

Kimberly had flashbacks to being on tour with Tim and his band. Tim at first did not want to be Kim's back-up band, but the shows were amazing and he grew to love having his sister on tour. It brought some fun to the ground that was lacking with Rebecca, who was a diva. When Rebecca left the group to pursue an independent career, Kimberly had to be pushed into the lead singer. And though Rebecca hated having to leave the songs Tim created, she did. Kimberly could remember the first concert she did, and how nervous she was. She had been training all the night before with her brother with the songs, and when the moment called for her to sing, she froze. Kimberly dropped the microphone and rushed off the stage. Kimberly will never forget what her brother said to her that night.

"You can't perform back here, sis."

"I can't do this."

"And why not?"

"Did you see those people, they are here to see Rebecca, not me!"

"Look, this is something you need to know. Rebecca was the girl with the pretty face out front. What I have heard from you, it like nothing I have ever heard before. I mean, really you are a singer with more talent in that little pink of yours, then anyone has in their entire body."

"You're just saying that so I will go out there."

"Damn straight, I can't lose any more money. Come on, make my nephew proud." Tim placed his hand on Kim's slightly round stomach.

"Or niece."

"Yea right." After a few deep breaths, Kimberly did go out there and perform an amazing show.

After recess, Kimberly was back on the witness stand where she talked about her many months pregnant spent in Europe on her brother's band tour. Kimberly took over the strenuous singing and touring with her brother as the lead singer now, and during those months, the brother and sister combo created an album together and new recordings of the old songs. There were some pretty spectacular shots of footage on film. Almost every video was shoots of the tour in Europe, dozens of candid moments before the concerts, as well as the shows. And it all turns out great, their music gets great play as the small crowd falls in love with Kimberly. Kimberly agreed that yes she was hiding away from everyone that knew her, especially Tommy because she was pregnant. But eventually, she stopped thinking about hiding, mainly because she had to take over the singing for the band. Kimberly knew her brother was her only support. Kimberly told about the many great times on tour while being pregnant.

Kimberly then went on to talk about in every detail possibly how and why she returned to the States to have her baby, and during a trip to California for Tim to get some things in order for another record deal, Kimberly went into labor. The funny thing, they were on the road back to LA, and the closest hospital is Angel Grove. So they had to stop there and Kimberly had the baby. There was also a tape of Kim's labor because Tim's band mate Richard was crazy about his camera. He forced Tim to secretly carry the camera in the delivery room. At first Kimberly did not want to see that video or show anyone that tape, but then behind closed doors, she watched it. Not that she would ever watch it again, but she was happy to have that video. After the baby was born, the tour became much more difficult with a newborn, and was not fun. Tim had to find another singer, after his nephew was born, but in end was happy to get the record deal with a label in New York City, especially when Kimberly was a better singer than the girl they had.

"I was lucky that after the baby was born, we were able to stay in the States. I stayed with my brother and Tim had gotten this deal to create a new album in New York City. Which was great, because I got accepted at NYU for that fall. And even though I had a baby and was going to college, my life was great. I graduated from NYU with the highest honors in Art, Fashion and Business. I have a great job right now working with my mentor in his Studio in New York. And I have raised a wonderful, smart, handsome little boy. He had never wanted for anything, he has been well taken care of and loved."

"Thank you Kimberly."

Mr. Lewis, Tommy's lawyer, wanted to go a bit more depth on certain part of Kim's story. He asked about her friends and how they found out months before the baby was born well before Tommy finally found out.

"Well, I didn't really tell them, more like my best friend saw me and put things together. Then my other friend found out and before I knew it, everyone else seemed to know," Kimberly said.

"Except for Tommy."

"Yes."

"Because you told them you would disappear again unless they kept your secret, is that right?"

"Objection your honor!" Alan yelled.

"Sustain. Answer the question."

"I may have said something like that."

"Let's go back to your best friend, Trini right?"

"Yes, Trini was the first to find out that I was pregnant."

"And she was happy for you, right?" Mr. Lewis asked.

"Yes, she was eventually, though it took her while to forgive me for deserted everyone and never calling or writing them."

"But she did."

"Yes, she did."

"And she was there for the birth of your son?" Mr. Lewis asked.

"She missed the actual birth, but yes she came afterwards."

"And stayed with you?"

"For the few days in the hospital and before my brother and I went back to New York."

"Because that's what best friends do, right?"

"I don't understand, but yes, I guess so."

"Didn't you say you and Tommy were best friends? The best of friends?" Mr. Lewis asked.

"Objection your honor, this line of questioning is subject and frankly, I don't see where it is leading to. We all know Kimberly lied and kept her son a secret, she knows that was wrong, so there is nothing else to tell."

"Over ruled. Answer the question."

"Well yes, Tommy and I are, were best friends, but…" Kimberly stopped.

"And as a best friend, don't you think he would have too forgive you about being pregnant and want to be apart of your life and his baby's life?"

"Objection your honor, he is asking my client to know what his client would want at 17 years old?"

"I will allow it." Kimberly looked at Alan, and then the Judge.

"At that time, I don't know how Tommy would have taken my pregnancy, or the baby. I mean, we were teenagers! We were so young, maybe he would have…"

"Maybe Miss Hart?"

"Look, there are a lot of things I wish I had done differently back then and maybe we wouldn't be here right now, but at that time, I felt that my decision was the right one. I was protecting Tommy, everyone from my problem."

"So having your baby was problem?"

"No! God no! Having my baby was a miracle, God's miracle for me."

"But you just said…"

"Objection your honor! Mr. Lewis knows what my client means, he is attempting to twist her words."

"I am clearing stating that Miss Hart just said, she wanted to protect everyone from her problem."

"It wasn't a problem, it was my decision. And my baby has been nothing more than a joy to me. A joy, that was for me. It was my burden to bare because it was my choice to keep the baby. I didn't have to do that, I didn't have to carry and have the baby, but I chose to."

"Problem, burden, those words make me wonder if you really.."

"Objection!"

"You can take those words and…"

"Kimberly…" Alan spoke softly. He shook his head. Kimberly took a deep breath.

"You can take my words as you wish Mr. Lewis, but my son is my life and I wouldn't change that for anything."

"And what about Tommy? Didn't he deserve that miracle to share with you?"

"Of course. I am not fighting this case to keep Tommy out of his son's life. I have always wanted my son to have his father in his life. Always. And I am so disgust in myself because this is my fault."

"Why?"

"If I had done things differently, done the right thing that night Tommy held his son for the first time, we wouldn't be here and this, it didn't have to happen this way. But that is not the way it is now. And I just don't believe he deserves full custody of my son, that he can just come in here and take him away from me, for what reason, because I never told him? No, that is not right, not when I love my son so much and I would do anything for him."

"Thank you Kimberly." Kimberly nodded at Judge Black. She got down from the witness stand and went over to her seat. Alan patted her back and Kimberly let out deep breaths.

"I think this a perfect place to end for the day. It has been a long day, and I would like some time to reflect today's testimony. So we will come back to court at 9 am tomorrow." Everyone was dismissed after Judge Black left.

Tim was sitting outside the courthouse with Zeke. They had done what Kimberly wished; they left the courtroom, so that Zeke couldn't hear the rest of the session with Kimberly on the stand. But Kimberly didn't tell him they couldn't wait for her. Kimberly was still talking with Alan a bit. Aisha went over to Tim.

"You know tomorrow will be Tommy's turn on the stand. In over the next few weeks, we will be bringing your friends, Tim and other witness to give their account of you and your son's relationships to show Judge Black, that there is no reason to give full custody to Tommy."

"When I win this, does Tommy still get visitation rights?"

"Of course, he is the father. But those rights will be dictated by you since you will have sole custody. Any important decision will be made by you and you alone."

"Okay." Alan smiled. "What?"

"You said when… not if. That's what I have been meaning for you to believe in all this time." Kimberly smiled. Kimberly saw Tim and Zeke waiting. "Now, go home and get some rest."

"Thanks."

"I'll pick you up in the morning."

"Bye." Kimberly went over to her brother and son. She hugged Zeke and lifted him up.

"Hi Mommy."

"Hi baby."

"Did everything go smoothly?" Tim asked. Aisha nodded.

"I think so," Kimberly said nodding. "I mean, I said what I had to say."

"Good. Let's get some dinner, on me."

"Wow, are you feeling okay?" Kimberly asked with a smile. Aisha felt Tim's head.

"He does appear to be a bit warm." They all laughed except Tim.

"Hey, I am feeling generous here, either go with it or buy your own dinner." They walked to get a cab. Tommy stood at the top of the courthouse stairs watching the exchange. Zeke looked back at his father. He gave him a wave. Tommy waved back to his son. Kimberly turned to see who her son just waved at. Kimberly looked at Tommy. A cab pulled up, Aisha already got inside the taxi.

"Kim…"

"Huh?"

"The cab…"

"Oh, go ahead baby." Kimberly placed Zeke into the cab and followed, but not without one last glance in Tommy's direction. Tim closed the door behind his sister before getting in the front seat.

"Don't worry, it won't be long before it'll just be you and your son," Mr. Lewis said patting Tommy's back.

"Yeah. No worries," Tommy whispered.

AN: Thanks everyone for the wonderful, enlightening reviews, I hope to hear from more of you though, but I enjoy anyone that can! Next chapter, The Stalker, don't look now, but someone is watching you Kimberly, ooooo.