Chapter 18: Day One at the Courthouse
It's Monday morning, 6:00 am, and Brian can't seem to sleep. He had a truly great Sunday with his new instant family, but today's activities are looming over his head and the anxiety is keeping him from a peaceful slumber.
Yesterday, Justin packed a large basket with all kinds of treats and they went to the park for a family picnic. Brian once again can't believe he was a willing participant in such a typically hetero ritual. How amazing it was the lengths he was willing to go to make Justin and/or Gus happy even if just for a day.
They laid out a blanket, next to a tree and spread out food on one side. Justin nestled into Brian's arms and they sat there watching Gus as he played with a variety of toys that they had brought along.If this is domestic bliss then I never knew what bliss was until now.
Justin could tell that Brian was thinking and asked him, "What's on your mind?"
"I was just thinking again how fortunate I am; how I could be sitting by myself at home miserable if it weren't for you. I'd be drinking and getting high just so I could forget that I'm all alone. I know we did stuff similar to this before, but it's different now. I can feel it. Can't you?"
"Yes I can, but I felt it before. I felt it when you helped me with the dishes at Debbie's house. I felt it when you held me at the art show five years ago. I felt it every time you just stood there with your arm around me. You didn't even realize what you were doing, which is what made it so special. It was as id holding me just came naturally to you. I'm glad it's finally hitting you."
"BRIAN are you okay?"
"Huh, I'm sorry, what did you say?"
"I said your name like three times. Are you okay?"
"Yeah I'm fine. I was just thinking about or conversation yesterday when we took that picnic."
"I like having conversations like that with you. It lets me know that you really are in this for the long haul."
"Yes I am and now that you're awake, how about you haul your ass into the shower for a little morning pick me up. It could be a little morning pick you up too."
"I just want to check on Gus first, and then you can have your way with me."
"I'll start the water."
After about a 15 minute round of slip and slide in the shower, they go out to have breakfast with Gus.
"Gus we have to get dressed nice again today."
"Daddy Justin do I have to go to work today, or did somebody go to heaven again?"
"Neither sweetie; today is the day we go to the courthouse. If the judge says its okay, I'll officially be your daddy and we will all have the same last name. Won't that be nice?"
"I'd like that a lot Daddy."
"Then we are going to go this afternoon to a new school that your Daddy found. If we like it then you will get to go to school there. You'll get to wear a fancy uniform and everything. Maybe you can make some new friends."
"I don't have any friends here. There all in Canada."
Brian elects to join the discussion. "We know Gus, that's why we want you to be able to make some new ones. They'll be smart kids like you."
"Daddy, you think I'm smart?"
"Yes, you are very smart. You're also very mature and strong for your age too. I'm very proud of you."
Gus gives Brain a big bear hug, and Justin gives him an enormous smile from across the table.
It's about 9:45 am when they walk into the courthouse. Jennifer is waiting for them.
Brian and Justin are both wearing suits and Gus is dressed in a nice pair of chinos with a coordinated short sleeve button up shirt un-tucked. This was Justin's idea. He didn't want anyone to think that they were so stuffy that they made their kid wear a suit, but at the same time he wanted people to know that they did want him to be respectful/ presentable.
They are waiting outside the courtroom for Larry to arrive. Brian wanted to get here early so that they could go over any last minute details about the case. Larry finally arrives just after 10 am.
"Sorry guys, I got held up with a client who got arrested last night."
"We were starting to get worried, but I calmed Justin down."
"That's real funny old man. This should be pretty cut and dry; shouldn't it Larry?"
"We did get one break; I know the judge. She used to work at our firm. She is very open to same sex parents. She helped Melanie with a case to get a woman back her children after she left her husband for another woman. I think this definitely works in our favor. I'll present all the evidence, but I don't think it will be too necessary."
"That's good right?" Brian had told him that they shouldn't mention their conversation, with Cristina, to Larry. He was helping them a lot and didn't want him to knowingly compromise himself. They weren't sure if he even would. Better to keep it to themselves is what Brian chose.
"I think so; hopefully within the hour Gus will have a new father. Let's go on inside. Sometimes if they are running ahead of schedule the judge will have the next case called, so she can try to break early and take a long lunch."
Larry was right. At 10:20 the clerk calls their case and they head to the table at the front of the courtroom. Larry presents all the evidence as to why Justin should be able to adopt Gus. He shows that Brian and Justin not only committed to each other through marriage, but also entered into a legal domestic partnership. He gave character references from family and friends. The Judge stops him.
"All this evidence is fine, but I would like to hear from your client. Mr. Taylor, why exactly do you want to adopt the minor child Gus Kinney?"
"I've known Gus since the day he was born. I even helped name him. I have always loved him as if he were already my son. Now that his father and I are married and will be raising him, we would really like to make it legal, so that I will have the ability to be involved in school events and medical decisions without being questioned like I'm an outsider."
"Mr. Kinney, do you have anything you would like to add?"
"I do your honor. I take my role as Gus' father very serious these days and Justin has been a big part of that. He stepped right in when Gus' mother died and didn't think twice about him becoming a part of our life on a full-time basis. Most people wouldn't have done that. Gus loves Justin like a father too. If you asked anyone who has ever seen us at the park or out to dinner, I don't think they would be able to tell who is Gus' biological dad versus non biological. That's just how Justin has always treated my son."
"Thank you Mr. Kinney and Mr. Taylor. Gus do you think you could talk to me for a minute?"
"Uh-huh."
"Do you know why you're here today?"
"So you can make Daddy Justin my real daddy."
"Would you like that Gus? Would you like for Justin to be your daddy."
"He's already my daddy. He loves me and plays with me. He makes me breakfast and he gave me a grandma. Daddy says this is just a ferality."
"Do you mean formality?"
"That's what I said."
"Do you love your Daddy Justin Gus?"
"Yes ma'am."
Justin wants to make it clear how much he loves Gus. "We have pictures from over the last five years if you want to see them. You can see how happy he always looks."
"That's okay Mr. Taylor; I think I have enough to go on. I think it is pretty clear that you will make a great father for Gus. I am going to approve the adoption at this time and I hope that you all will be very happy as a family. Please just see the clerk and she will have you sign the papers so that a new birth certificate can be issued with the new parent's name."
Larry doesn't hesitate. "Thank you very much your honor."
Brian looks at Justin and then he picks up Gus so that they can share a big family hug. As they are hugging Gus Brian leans over and gives Justin a kiss.
"Let's go. I want to take my two guys out to celebrate before we have to be back here. Mother Taylor, I hope you will join in our celebration. I mean we did just make you a grandmother; a very young and beautiful grandmother, but a grandmother none the less."
"That you did Brian, and I'm so happy for all of you. I know you guys are going to have a fantastic life together and I'm just happy that I get to be a part of it all. Maybe I can even throw you guys a party."
"Thanks Mom, but we already have Gus' birthday party to plan. Maybe you could just help us with that."
"That sounds good honey."
They have a nice lunch and head back to the courthouse. The next hearing is much quicker and they don't need Larry for it. Jennifer agrees to wait outside with Gus while they go inside. When Justin's name is called, the judge asks him why he wants to legally change his name.
"My husband and I just recently got married. We have a son and I really want us all to have the same name. I want to take my husband's name, but I also don't want our son to have to explain to people why he and his father don't have the same last name."
The judge can't quite hide the look of distaste on his face but he is still a professional and must act as such. "I assume you have legally entered into a domestic partnership."
"Yes your honor we have."
"Then I guess there is no cause for me to deny your request. My clerk will certify your name change and submit the papers for a new birth certificate to be issued. Please be advised that you need to request a new Social Security card and driver's license within the next thirty days. Do you understand all of this?"
"Yes your honor I do."
"Fine then this case is adjourned."
"Thank you your honor."
Brian whispers in his ear. "Why the fuck are you thanking him? He's just another damn homophobe who would have denied it if he could have come up with a good enough reason."
"Sometimes I think you forget that we live in a civilized society. Can't you just be happy that it was granted?"
"Sorry, I am happy; I'm just sick of pricks like him looking down at us, like we're perverts or something."
"Let me just sign the papers and we can go tell my mom and Gus the good news."
Outside the courtroom Jennifer is anxious to know how it went. "Well, are you officially Mr. Taylor-Kinney or not?"
"It's just Mr. Kinney Mom. I'm sorry; I didn't want to keep Taylor."
"Sweetie that's fine by me. It's not my name anyways; it's your father's name. I think it's kind of sweet to take just Brian's name. Now you forever more will be known as Mr. and Mr. Kinney or the Kinneys."
"I like the sound of that don't you Brian?"
"I sure do dear. Now let's get out of here. I think I've had my fill of the courthouse for the day."
Up next is Chapter 19: Getting Gus into School.