Disclaimer: I own nothing but the plot points.
Author's note: thank you so much for your reviews of the previous chapter, they were the inspiration for this dozy of a chapter. I will warn you that this one is a long one, but I think that it will be everything you guys wanted and more. So enjoy!
Before Danny and Steve knew it, the time for the hearing had come. They had been swamped with back-to-back cases and subsequent paperwork that had Chris not called to tell them where to meet him, Danny's sure he would have forgotten based off of sheer exhaustion. He hung up with Chris and pulled Steve out of the office to sleep for the next ten hours so they were bright eyed and ready to face Rachel in court.
The morning of the hearing was quiet for the two partners; they went about their normal morning routines but didn't say much to each other. Danny was too absorbed in going through each scenario and preparing him for the absolute worse. Steve was quiet watching Danny for any signs of what was going through his mind, while also trying to calm his own nerves. He really didn't want to lose his temper in court, but he knew that Rachel's attorney was going to use everything he could possibly find against them.
"You ready?" Steve finally asked resting his hand on Danny's shoulder hoping to comfort his partner. Danny looked up from rubbing Jack's head and nodded standing up. Steve stopped him with his hand still on his shoulder and pulled Danny back into his arms. "We're going to get through this, no matter what happens we'll get through this together."
"I know." Danny whispered squeezing his arms tighter around Steve's waist, letting the comfort and love wash over him. They were in this together and they were going get through this no matter what.
"I'm not giving Grace up without a fight Danny." Danny smiled softly and leaning up softly pressed his lips against Steve's.
"That's exactly what I needed to hear this morning. Let's go, I'm ready to have this over and done with." Steve nodded and laced his fingers together with Danny's as they walked out of the house. He too was ready for this whole nightmare to be over and done with. He was tired from having to worry about Rachel and deal with her nasty moods anymore.
As they drove to the court house Steve held Danny's hand giving him the silent comfort he needed, they both needed. Steve had no idea what they were walking into and as he parked the Camaro he felt his nerves flare. He didn't like not knowing what he was walking into, he liked knowing exactly what was going to happen and giving over so much control didn't sit well with him. Plus knowing that Grace was going to be there and have to hear everything that they've worked so hard to keep away from him made Steve angry and sad. He didn't want Grace to know such hatred and judgment at her young age, he wanted to keep her as innocent and worry free as possible.
"Hey guys." Chris greeted as he parked his car next to theirs. He could tell with just one look that they were nervous. "Everything's going to be fine. It's a pretty straight forward hearing, with them presenting their side and vice versa. Hopefully by the end of the day we have a favorable verdict. Are you guys ready?" Steve and Danny looked at each other and Steve squeezed Danny's hand before both nodded following Chris towards the courthouse.
"Is it really necessary that Grace be present? I don't want her to have to hear some of the things that are bound to be said. I would really like to keep her away from this if I could."
"I know Danny, I would love nothing more than to say that Grace didn't need to be here, but since she is older, the judge might want to hear what she has to say. He might take her wishes into consideration and Harold and I have agreed that she will stay with one of my assistants in another room until she's needed. Plus Victoria is more than capable of expressing Grace's wishes with the court." Danny felt better knowing that she would only be there when necessary but still the thought of her having to be there at all didn't sit well with them.
"Alright, here we go. Remember stay calm and polite, insulting Rachel will not help our cause." Steve and Danny nodded and took one last deep breath before Chris ushered them into the courthouse. The hearing started off simple enough with the judge asking the typical questions about financial status and previous agreements of custody. Things didn't get interesting until he asked why Rachel was seeking to change the agreement that seemed to have been working.
"Your honor, we feel that it would be in Grace's best interests if she were to be placed in Mrs. Edward's primary custody full time due to the controversial nature of not only Mr. Williams' job but his relationship with Mr. McGarrett as well." Danny balled his fists feeling the anger well up in his stomach at his ex-wife. "Mrs. Edwards would be able to provide a much more stable home for Grace, one that wouldn't open her up to unnecessary bullying or danger that she would suffer if she were to stay with her father." Harold spoke calmly and evenly unaware of the angry tension rolling off of both Danny and Steve. Its one thing to use his job against him, but using his stable and loving relationship against Danny was something he didn't feel right about.
The judge nodded as Harold sat down finished with his short, but in his mind effective, speech. Chris waited until the judge had turned to him before standing up to address your court. "Your honor, my client has never downplayed his job. He understands that his job is dangerous, but necessary. He serves tirelessly to protect this island that his daughter now calls home. But his job is not the real problem that Mrs. Edwards has a problem with, it's the relationship between Mr. Williams and Lieutenant Commander McGarrett, for the simple fact that they are both men. Which I'll point out for the court Mr. Lawrence and his client are dangerously pushing the discrimination card with that allegation. And while the idea of two men being together is controversial to them, I would also like to point out that Hawaii did just pass a civil union law, so really how controversial could it be? In short, my client doesn't want to completely take Grace away from her mother, he would just like more time with her." Chris stopped letting the judge absorb everything he's said and finally sat when he nodded a silence falling over the seemingly empty courtroom.
"I see that Lieutenant Commander McGarrett would like to adopt Grace and the Mrs. Edwards is against that, is that true?" Judge Monaleiki asked glancing up from the paperwork that Steve had signed two weeks ago.
"Yes, because of the nature of Danny's job and the fact that he and Steve are now legally together if something where to happen to Danny Steve would be able to still have some form of contact with Grace, who he considers to be his own daughter."
"And Mrs. Edwards has a problem with this because of what Mr. Lawrence?"
"She doesn't believe that Mr. Williams' relationship is enough reason for Mr. McGarrett to legally become Grace's stepparent. She's not sure that the reason is going to last your honor."
"I'd think it's going to last because they had a civil union, they are in a sense married. It's the same thing that Mr. and Mrs. Edwards have together. Your honor it's in our opinion that is just a petty attempt on Mrs. Edwards' part to get back at Danny for finally moving on and being in a happy and healthy relationship. She has such hatred for Danny and by connection Steve that it's beginning to affect Grace, the child she's trying to keep away from Danny and Steve. She has expressed such feelings to Victoria Gomez the therapist that Grace has been seeing and we would like to call her as witness to that fact." Monaleiki thought about it for a moment before nodding.
"Before I decide if Ms. Gomez is needed, Mr. Lawrence does your client wish to defend some of the allegations made against her?" Harold leaned toward Rachel having a brief conversation before standing up.
"My client will admit that her reaction to the suddenness of Mr. William's relationship was a tad bit extreme, but she is in fact concerned about the well being of her daughter. Taking their relationship out of the question, the Edwards are much more financially stable to support Grace." The judge looked to be thinking for a moment before he looked back at the papers in front of him, most likely Danny and Steve's financial records that had been submitted to Chris way before they had even decided to fight it.
"I don't see a problem financially for Mr. Williams and his partner, they owe a house outright, they both have steady employment which given Mr. Edwards profession and Mrs. Edwards role as a stay at home mom and the needs of a second child, would say that Mr. Williams is the more financially stable household for Grace."Chris turned to Danny and Steve and smiled, this was working out in their favor. "With the financial aspect out of the way, I'd like to remind both parents that this is about Grace and her well being. I'd like to speak with Ms. Gomez before I decide if I want to put Grace on the stand." Danny smiled in relief; hopefully Grace wouldn't need to be brought in here at all. Chris turned and nodded to Victoria, who stood with a polite smile on her face. They were much more prepared than Rachel and it was easy to see from her face how unhappy she was about this. Chris knew that this was going to be a unique hearing; usually they were in and out of court within a half hour at most. But he didn't sense that Rachel was going to give up at any time. It also seemed that Judge Monaleiki seemed to be on leaning towards their side and Chris felt that once Victoria took the stand it would be a done deal.
Victoria took the stand as the bailiff swore her in. Chris leaned back knowing that the judge would take the lead on any questioning. "Please state your name and profession for the record."
"Victoria Gomez child psychologist." The judge nodded and looked down at the report that had been submitted about her visits with Grace.
"You've been seeing Grace for almost two months now correct?"
"Yes."
"Based on your report, it would be safe to say that you have built a relationship with the child enough so that she would feel comfortable with talking about the custody battle between her parents."
"It took about three sessions for her to get comfortable enough to talk about life with both parents. She's a very perceptive child that could tell that something was going on between her parents and it was upsetting her; she didn't feel comfortable telling either of her parents because she feels the urge to protect their feelings."
"Did she ever express a wish to live with her father?"
"Yes, numerous times in fact. She expressed feelings of being second best at home with her mother because of the arrival of her baby brother. She felt as if Mrs. Edwards and Mr. Edwards preferred Charles over her, because he was Mr. Edwards' son unlike her. There were also times where she would hear her mother and stepfather making comments about Mr. Williams' and his relationship with Lieutenant Commander McGarrett and how wrong it was. She was very upset to hear her mother talk about her father like that and that's when she specifically said that she would much rather prefer to live with her father full time."
"You noted an incident at school, what happened?"
"Grace had made a project about her family and one child had a problem with it so he began bullying Grace. It resulted in the school calling Grace's parents and she could tell when she saw her parents that something had happened between them and she felt as if she were to blame." Judge Monaleiki nodded making notes as she spoke. Danny and Steve watched on their hearts in their throats and hands clasped under the table.
"Is there anything else that you think I should know before I render my decision?" Victoria thought for a moment before nodding.
"Yes, there was one session in which Grace made a comment about being tired of her mother's attempts to use her to her father. She was very upset and had a mini-breakdown in the office. She loves her father very much and talked about the time before Mr. Williams had gotten together with Lieutenant Commander McGarrett and how she hated to see her father so unhappy, she ultimately just wants both her parents to be happy." Danny's heart clenched and he could feel his stomach drop at the thought of his daughter feeling an ounce of pain because of him or Rachel. He never wanted his daughter to feel any pain. Steve squeezed his hand feeling only a tenth of the magnitude that Danny was going through. The thought of their sweet and innocent little girl in pain was almost too much to bear.
"Thank you for your insight Ms. Gomez you may step down." Victoria nodded and stood with her polite smile still in place. She knew that the judge was going to make the right decision that would benefit everybody. The judge took a few moment minutes writing things down before he looked up and addressed both attorneys.
"I think that Ms. Gomez provided enough insight into what Grace's wishes are in this matter, so Mr. Williams' you can relax I'm not calling your daughter to the stand." Judge Monaleiki joked slightly feeling the man's tension and stress all the way at the bench. Danny cracked a small smile at the judge; he should've known that he would pick up on his anxiety. "Before I go make my decision is there anything you would like to say on behalf of your clients?" Chris motioned for Harold to go first. Danny risked a glance at Rachel and took in her still defiant shoulders, but her eyes held a bit of sadness. It seemed as if she was finally realizing what she had been doing to Grace with all her antics throughout this whole ordeal.
"Your honor my client ultimately just wants what is best for Grace. She stands by her claims of Grace being better off in her care, but she will respect whatever decision you may make." Chris waited half a second before standing up.
"Your honor, my client uprooted his life and moved well almost five thousand miles from his family to be with his daughter. He just wants the equal opportunity in being involved in Grace's life. He too will respect whatever decision you make." The judge nodded and wrote down a few more things.
"Court will recess for a half hour so that I can review all the documents and information presented today." Banging his gavel everyone stood and watched him leave for his chambers. Danny turned toward Steve and laid his head on his chest. Steve wrapped one arm around his shoulders and led him out of the courtroom behind Chris, feeling as emotionally drained as he had. The decision was in the judge's hand and he could only hope that the decision fell in their favor.
Rachel and Stan, who Danny hadn't even noticed was there, were kept separate from Danny and Steve while Grace hung out with Kono and Chin, who had arrived shortly at the hearing started to be there for the outcome. Danny wanted nothing more than to see his daughter, in case, by some freak chance she was taken away from him. But he remained in his seat leaning heavily on Steve for comfort. Steve rubbed his back in soothing circles using his own motions to help calm his own frayed nerves.
"It went well guys, I have a feeling that things will work out in our favor."
"I want to believe you but I know that things can change at the last minute." Danny quietly spoke making both Danny and Steve flash back to the moment he had been cuffed and shoved into the back of an HPD car.
"Danno you heard everything, he's not going to suddenly change his mind. But no matter what we'll get through this together. I've always told you that Grace will not go any length of time without seeing her Danno, she loves you too much to let that happen."
"She loves you too, you big goof." Danny replied squeezing Steve's thigh. Steve only smiled in response, his eyes subconsciously flickering across the room looking for any possible threats of danger. No matter what the situation, Steve just could not forget this training. Plus it helped to calm his mind about what the judge was thinking.
What originally started out as only a half hour wait stretched into an hour and a half and as the time wore on Danny became more anxious. He equated more time meaning that their case wasn't as strong as they thought it was, and of course that thought led him to begin thinking about the possibility of losing his daughter. It was a curse he has had since the first time he's been through this, although he'll admit that this time was much different than the first and that was all because of his lawyer actually caring about his case.
At the two hour mark, Danny began pacing the small area they were sitting in. But this time Chin had left Kono and Grace with Malia and found his way over towards them. He sat quietly letting Danny work off his nervous energy ready to step in on the off chance that Danny began ranting or lashing out. He could tell just from one look at both of his friends that they were both lost in their own thoughts of worst case scenarios. Danny train of WCS thoughts focused on Grace, while Chin knew based on Steve's watching Danny nervously that his WCS thoughts were focused on both and the damage that would caused if they were to lose any rights of visitation with Grace. No one around them attempted to try and comfort the two partners; they knew it was a futile effort. But still Chris and Chin were there just in case one of them actually talked.
By the time three hours had passed Danny was about to lose his mind and he needed air. Chin stood up and quickly swept Danny from the room making a comment about fresh air and coffee break. Once he was gone Steve looked hesitantly over at Chris. "This is bad isn't it?" Chris looked up from his phone and sighed. He needed to answer this question delicately, he didn't want to get Steve's hopes up nor did he want to crush what little hope he has left.
"Honestly I'm not sure. I want to say that it's not but the more time wears on the more nervous I get. I think it just means that he's trying to come up with the best possible option and that doesn't always happen quickly. This isn't a matter of stolen property or something with actual concrete evidence, this has to do with a child and what suits them best. Just hang in there; I have a feeling that something's going to happen." Steve nodded resisting the urge to bite his lips out of nerves. He was appreciative of Chris' honesty but it didn't help his nerves much. He just wanted this whole mess to end. It's been a pain in his ass for months now and he just wanted to have a piece of mind that he wasn't going to lose his daughter.
Sometime after Danny and Chin had gone off in search of coffee and Steve had finally spoken, an assistant from the judge's office came to get Chris saying that the judge would like to speak with the lawyers. Chris shot Steve a hopeful smile and followed the young girl back to the judge's chambers, leaving Steve alone in the waiting area. Danny and Chin finally returned twenty minutes after Chris had left. Danny didn't ask where Chris was, he seemed to just know as he sat down and handed Steve a hot coffee hoping in some weird way that the caffeine would help them relax.
Danny would be lying if he didn't say that he was losing his last smidge of hope when they reached three and a half after the judge had dismissed them. He was now only hoping that he could at least say goodbye to his daughter before Rachel took her completely away from him. He had almost curled into himself in the chair not wanting any comfort from Chin or Steve, he just wanted to be left alone to deal with what was about to hit them.
Finally Chris returned from chambers with a relieved smile spread across his face. Steve was the first to notice him standing in front of them and immediately shook Danny.
"What?" Danny snapped as if he had been asleep but he sat up quickly when his eyes landed on Chris. "Well, what happened?"
"We won. You're being granted joint custody of Grace; the judge would like to speak with you guys." Danny turned to Steve and threw himself into his arms. Steve easily caught him as he truly relaxed for the first time in months. Finally something had gone in their favor and they weren't going to be punished for the person he happens to love. "Come on guys, the good news isn't over yet." Firmly holding Steve's hand Danny followed Chris back into the court room, knowing that no matter what the judge was going to say to them nothing could ruin this moment for him, for them.
The judge sat at his bench with a blank expression on his face. He watched everyone file into the court room and stand behind their respective tables. "Mrs. Edwards, Mr. Williams this decision has not been easy in the least bit. It is never an easy decision to decide as to where a child would be better off living and this case is extremely rare. Before I tell you the specifics of my decision, since I'm aware that your lawyers have told you the basics, I want to give you some insight into my decision. Mrs. Edwards I believe that you love your daughter; I have no doubts about that. But I do find fault in the way you seem to use her in a way to hurt your ex-husband, your daughter is not a pawn in some sick twisted game. And the relationship that Daniel and his partner share is not going to give your daughter the wrong message about anything because it's easy to see the love that those two share, so please next time you want to prove a point leave any discriminating remarks out of it. You've also handled this situation in the absolute wrong way.
"And Mr. Williams, I applaud you for moving not only across the country but to an island as to continue to see your daughter grow up, I find that every honorable. But I would warn you to rope in your temper when it comes to dealing with your ex-wife, because like her or not you have to deal with her for at least the next ten years. So you two are going to have to learn to communicate with each other civilly." He paused almost for dramatic effect, leaving Danny on the edge of his toes unable to rip his focus away from the judge. "That being said, I have come to a decision regarding custody of one Grace Williams. First I believe that Steven McGarrett has every right as Daniel's partner to adopt Grace, just as Mr. Edwards had done when he and Rachel married." Steve relaxed further moving even closer to Danny, their hands still conjoined. "As for custody of Grace, I have decided to take her feelings into account, even though she is not the typical age to which we accept the feelings of the child in question. It is the decision of the court to grant Daniel's and Steven's petition for joint custody with the primary custody falling to Daniel and Steven. During the school year Grace will spend every weekend with her mother and Wednesdays and during summer breaks and holiday breaks custody will switch on a week by week basis. I've spoken to your lawyers and both agree that all parties involved will sign an agreement that none of you will even think about changing the terms of this agreement until Grace has turned 16. With that being said, this case is dismissed." Banging the gavel again Judge Monaleiki stood and exited the court room leaving a stunned Steve and Danny behind.
Danny couldn't believe that he had actually won. Never in a million years did he think he would ever win a custody battle against Rachel and Stan. Turning to Steve he wasn't surprised to find a matching expression of shock spread across his face. "Babe." He whispered forgetting everyone around them; he only cared about Steve and Grace.
"I know Danno, I can't believe it either. We did it. She's actually going to be staying with us babe." A megawatt smile broke out across Danny's face as he threw his arms around Steve holding him tightly against him.
"Thank you for being there for me, I love you so much. I don't think I could have made it through this without you."
"I love you too Danno. I can't believe she's really my daughter." Steve could see the tears of happiness well up in his eyes and he was pretty sure his own eyes were welling up. It had been a long road to get them to this point. Danny quickly kissed Steve pouring as much emotion into the kiss as he could. He was so happy he couldn't even begin to put it into words, but still the judge's words echoed loudly in his head. He turned seeing Rachel's disappointed and sad face as Stan tried to comfort her. He knew how she felt, even though she still got to see Grace, she was going to have to adjust to not seeing her all the time. Sighing Danny took a deep breath and walked over to Rachel.
"Rachel?" Danny calmly asked trying to get her attention. Rachel looked up and glared for a moment before she sighed and stood up walking the short distance over to Danny. "Why don't you keep Grace for the rest of the week and this weekend and you can just drop her off at our house Monday?" Rachel looked shocked at Danny's generosity, but she gave him a small thank you.
"That would be great, thank you Danny. Shall I call you Monday to set up a time to drop her off? I'll bring all her medical information with the numbers of her doctor and dentist and such."
"Okay then, we'll talk Monday. Steve and I will just say goodbye to Grace and you guys can be on your way." Rachel nodded turning back to Stan; Danny watched noticing the lack of feeling as she walked away from him. No longer did he feel any anger towards her, he felt nothing for the woman he had once loved with all his heart. Turning back towards Steve, Danny smiled watching Steve crouch down to hug Grace a large smile spread across his face. His heart melted at the absolute love on Steve's face as Grace showed him the pictures she had drawn while they were in court. His heart belonged to the man grinning at his daughter and those two were the center of his entire world and he cherished the moments that brought them to this point. They were finally in a good place with everything falling into place. Steve looked up and smiled at Danny, sharing similar thoughts.
"Danno! Look at my picture I drew. Its daddy, you, me, and Jack all playing on the beach."
"That's great Monkey, I think we should frame it and hang it in the living room, don't you Steve?"
"Of course it's the best picture I've ever seen." Grace beamed and hugged both of them one more time.
"Do you think mommy will love the picture I drew for you?" Grace asked and to Danny it almost seemed as if she were fishing for something.
"She's going to love it. Listen Monkey we need to talk about some things okay? You're going to be living with daddy and me during the week now and every weekend and Wednesdays you'll go stay with you mom and Step Stan."
"Kinda like what I did with you?"
"Yes, is that okay with you?" Danny replied hoping she was okay with the change in living arrangements.
"Yeah, mommy needs to focus on Charles because he's a fussy baby. And you two need me around ya know? Otherwise you guys would work too much and not have any fun."
"She's right Danno; we do need her to have fun. I mean who's going to take care of Jack all the time if she's not around."
"Yeah Danno." Grace agreed smiling her bright and infectious smile that quickly spread across to Danny's face.
"Alright you two, you can't gang up on me now." Danny looked up and caught Rachel's eyes. "Alright Monkey, here's the deal. You're gonna spend the rest of the week and this weekend with your mom so she could spend some time with you before you move in with us."
"Yeah and when you come home on Monday Danno and I are going to have a surprise for you." Grace lit up again and smiled shaking her head. She quickly hugged her dads and ran over to Rachel excitedly showing her the pictures she had drawn for her. Danny met Rachel's eye and Rachel nodded in thanks. Danny only shrugged in return and grabbed Steve's hand.
"Come on babe, we've got some celebrating and decorating to do." Steve chuckled quietly and wrapped his arm around Danny's waist. As they exited the courthouse Danny rambled on about the little things they should do around the house before Grace arrived, the first being the complete redecoration of Grace's room, a task that they were going to need Kono and Mary to accomplish. It wasn't until they were halfway to Home Depot before Danny realized that Steve was humming, "We are Family" under his breath and Danny couldn't help but laugh and smile. They were finally going to be the family Danny always dreamed they would be.
A/N 2: wow that was a long one, I'm pretty sure it was the longest chapter of the story. I hope that you guys were surprised by the outcome of this chapter and satisfied with the way in which things were wrapped up. The custody hearing isn't like a typical custody hearing, as mentioned in the chapter, but a few lawyer friends of mine did say that things like this could happen given the unique circumstances. Like always all mistakes are mine and don't hesitate to let me know what you thought. We have one more chapter until the epilogue, so until next time ~thatredheadgirl!