This chapter is a little bit long but I didn't want to keep you guys waiting any longer so I sat down and just kept typing. I hope it is to your liking. If it were not for you guys, I would have stopped a long time ago. Thanks for reading!
Chapter 20: A Second Day in Court
It's Wednesday morning and Brian can't sleep again.
Yesterday was a normal day in a week that had been crazy. He went into the office at Justin's urging. He had to get as much work done as possible if they were still going to take a trip that would take him away from the office for a couple of weeks.
Justin and Gus rode the bus to the car dealership to pick up Justin's car. Brian had already arranged for payment. Justin just had to pick his color. Gus wound up helping. He picked the Barolo red metallic because it reminded him of Justin's favorite zip up jacket. The inside of the 2006 Mercedes-Benz ML350 was macadamia. Justin was sure that Brian would make some crack about nuts. The car had good cargo space and was very roomy too. After he took care of the paperwork he looked at Gus who had behaved like a perfect angel the whole time. He realized he didn't have a booster seat for Gus. Fortunately Brian had taken care of that too. Before he had a chance to say anything the salesman spoke.
"I almost forgot the safety seat that was purchased with the vehicle. I'll have one of our techs install it so we know it's nice and secure."
"Thanks!"
Brian is happy that at least he knows his two boys will be driving safely. Justin's car could break at any minute and he didn't like the thought of them taking the bus.
"Hey old man, couldn't sleep again?"
"No, I couldn't stop thinking about the Petersons trying to steal my son. Those bastards are going to be very sorry if they don't give this shit up."
"For now how about you try not to wake up Gus. It's still early so why don't we grab a quick shower and try to get rid of all that tension. You don't want to go into court acting like this because we'll lose Gus for sure."
"You don't think I fucking know that? Just let me fucking worry about it. I'll be fine in court."
"Don't start a fight with me. I'm on your side and Gus' side. If you don't want to get rid of all that pent up frustration I really couldn't give a shit."
Just as Justin is turning to walk away, Brian grabs him by the arm and pulls him into a tight embrace.
"I'm sorry. I really am. I just keep seeing them walk out with Gus. I can't get the image out of my head. I'd rather he be raised by Ted and Blake then those evil homophobic pricks. I didn't mean to take it out on you."
Now it's Justin who is cradling Brian. He can always tell how hard it is for Brian to open up like this, so he can't dismiss it.
"It's okay Brian; I understand it's hard to think about. I really think it'll turn out okay. I wouldn't be surprised if they didn't even show up. You did threaten them pretty good.
Let's take that shower. Then we can have some herbal tea. You don't need any caffeine this morning."
Justin leads Brian to the shower to take care of some of that tension. He massages every muscle in Brian body, concentrating on one muscle in particular. Even though it technically isn't a muscle, Justin massaged it as if it was the most important muscle in the world. This effort isn't un-noticed by Brian.
Just after 9:30 all three of Kinney boys are dressed for court and head out to go downtown. Their hearing is at 11:00, but they're meeting their 'family' there to have all the support they can get.
Debbie and Emmett have been told to keep their mouths shut no matter what is said, just like Brian. Larry was told that they would be the most likely to blurt out something stupid if they don't like something that the Peterson's lawyer says.
They walk into the courthouse just after 10:00 and Larry is waiting for them.
"Hey Guys, I'm glad you got here early. I found an empty witness room that we can use to go over the case one more time. I just want to make sure we are as ready as can be, because I'm sure the Petersons are going to come in with guns fully loaded."
They go into the room and sit down. Gus goes to the back corner of the room to play with some toys while they talk.
"I was really hoping that they would give up this fight, but I guess they don't care what comes out."
"Yeah, I really thought when Brian talked to them at the funeral they would back off."
"It certainly would have made things easier. I still think we have a shot when they see those three witnesses I have coming. I asked them to get here early and stay standing so that when Mr. Peterson walks in he will see them immediately."
"I was sure they would care more about their reputation then Gus. Maybe they thought I was just bluffing."
"That is possible. This isn't a criminal case so I was not obligated to give their lawyer a list of witnesses."
"So there might still be hope."
"Yes Brian I think there might be. Even if they don't get spooked by the witnesses, I think we have a good case. I'm sure they will bring up your checkered past, but I've seen parents that were extreme drug addicts at one time get their kids back after going through treatment. I've seen parents get their kids back after neglecting them. I don't think anyone can show that you did anything worse. Your sex life is private and as long as you weren't engaging in that stuff in front of Gus they can't use it against you anymore then a straight couple who practice swinging.
I mean if you were still single and hitting the club scene every night it would be a different story. It's a good thing you decided to reform yourself when you did."
"The credit for that goes to Justin."
"No, I think you actually deserve credit for that. You didn't have to give up the lifestyle. You could have told me you wanted to continue socializing with the boys at Babylon, but you didn't."
"Fine I'll take the credit. I mean it was rather selfless of me after all."
"Well I'm glad you feel relaxed enough to crack jokes. Maybe you can keep that attitude inside the courtroom."
"I'll do my best Sunshine. Larry if somehow they get custody how long will we have before we have to give him to them?"
"I'm sorry to say they would take custody immediately. In custody battles it is always feared that the losing party will try to run off with the child.
I know we don't want to think about it but if the worst does happen I'll be sure to petition for ample visitation. We have the same judge as we had Monday for the adoption, so hopefully that will help no matter what happens."
"Hey guys, it almost 10:30, do think we ought to make our way into the courtroom in case the Petersons had the same idea of being early?"
"Justin, I think you're probably right. You have someone to watch Gus right?"
"My mom is going to watch him and make sure the Petersons don't get anywhere near him."
"I'm going to try and do this without bringing him in. After what he said to Lindsay's mom at the funeral, they probably don't want him in their either."
When they leave the room, they see everyone is there; Debbie, Carl, Emmett, Michael, Ben, Ted, Blake, Daphne, Cynthia, and Jennifer. Larry thinks that if Carl speaks on their behalf it will carry more weight since he is in law enforcement, so he is scheduled as one of the last witnesses. Hopefully this will seal the deal, so to speak.
"Hi boys are you ready to fight those dirty rotten homophobic fuckers?"
Michael speaks up before Brian has a chance. "Ma, would you watch your mouth. We're in court for crying out loud."
"We're not inside yet!"
"Debbie I know you mean well, but Lindsay's parents could walk up at any minute and if they hear any of us talking like that, they could try to use it against us."
"I'm sorry Sunshine. I wasn't thinking. I don't want to do anything to hurt your case, I swear."
"I know, and we appreciate everything you have done for us." He gives her a big hug.
Jennifer stays outside the courtroom with Gus while everyone else heads inside. The gang sits down while Brian and Justin head to the front with Larry. As they are walking forward, a young woman about 20-25 years old comes rushing towards them.
"Janet, what's the matter?" Larry is talking to the woman who turns out to be the paralegal who has been helping get the case ready.
"There's been a change in the case."
"Please tell me that the Petersons have dropped the suit."
"I wish it was good news like that but it's not. Cristina's mother had a heart attack last night and she had to fly to Chicago. Because she only had a couple of cases on her docket today they found a judge to replace her."
"Do I even want to know who it is?"
"We sure as Hell do." Brian blurts out.
"It's Judge Mitchell."
"You have got to be kidding me."
"I wish I was, but Judge Mitchell it is."
"What's the problem? Who is this Judge Mitchell?"
"I'm sorry Brian; Justin Judge Mitchell is a beast when it comes to gay rights. She doesn't think you guys should have any. I mean it's not like she goes out of her way to side against gays in court, but she will look for any little thing that might have gotten missed in order to be able to rule against them. She stays just enough inside the line so as not to be called into question."
"This can't be happening. What are we going to do?"
"Brian don't worry, Larry has still built a very strong case. Besides, Lindsay's parents might still drop the case when they see the witnesses."
"Right or they could just bring up all the times I slept around on you and say that fair is fair."
"No they can't, because we always had an open relationship. As soon as we didn't you never cheated on me, did you?"
"Of course not, if nothing else I'm a man of my word. If I plan on fucking around I wouldn't be afraid to say it."
"Okay guys court will be starting in a few minutes, we'll just have to wait and see how it plays out."
Larry goes to speak to the three star witnesses he has summoned to the proceedings today.
Brian and Justin go to talk to the gang until everyone else arrives for the case. Just as they start talking Brian sees something out of the corner of his eye. He turns his head to see Mr. and Mrs. Peterson walking into the courtroom with what looks like their lawyer.
Brian nudges Justin and they both watch to see Mr. Peterson's reaction to the three women standing near the front of the room. They are surprised when he sees them and doesn't flinch or bat an eyelash. They don't know him very well but Brian thinks either there is something going on or Mr. Peterson has a really good poker face.
"Brian what do think is going on. He seems like he could care less that they are here; same with Lindsay's mom?"
"I don't have a fucking clue, but I know I have a bad feeling about it all."
Larry walks back over. "The Judge is coming in, so we need to get back to the table."
The judge sits down at the bench. "Hello folks, I am Judge Mitchell. Judge Cristina Perez had to leave town unexpectedly and I have been asked to take over this case. Both sides can present their case for custody. If this cannot be resolved in a civil manner the minor child will have to be placed with Child services until home studies can be done on both parties. I will warn you now that I do not tolerate outburst of any kind or underhanded tactics. If everyone understands we will proceed.
Both lawyers consent that they accept this so the judge moves on. "Is the minor child, Gus Peterson, here?"
"Larry rises and speaks. "It is actually Gus Kinney your honor and yes he is outside with his grandmother."
"Okay we had Peterson here so Marilyn can you make that change please?
Mr. Carnegie, your client is suing for custody of the child so please present your case."
"Thank you your honor. Mr. and Mrs. Peterson's daughter just passed away and they are concerned about the welfare of their grandson Gus. He is currently residing with his father and his father's homosexual lover."
Larry looks at Brian and whispers, "stay calm, I'll have my turn to correct him. This isn't a criminal proceeding so I can't object."
They resume listening to Mr. Carnegie. "The Peterson's don't think that their grandson should be exposed to such deviant behavior. They want to raise Gus themselves so that he can be raised a good traditional family. The Peterson's have more than enough financial means to support a child and plenty of room in their home. They have very good schools in their neighborhood. We have several character references to show that they are model citizens who support their community. We are also prepared to bring evidence as to why Mr. Kinney is not a fit guardian for the child."
"Thank you Mr. Carnegie, you can give the character references to the bailiff. Do you have any witnesses to present?"
"Yes your honor we do. In addition to the Petersons we have the minister from their church, some women that sit on a church committee with Mrs. Peterson, one of Mr. Peterson's partners at his investment firm and three of his employees."
Brian, Justin, Larry; Hell everyone on their side goes numb. It all starts to become clear. Somehow they got to the three women. No wonder Mr. Peterson looked so cocky when they got there. 'SHIT' Brian thinks 'we're screwed'.
Mr. Carnegie has each witness testify to the character of Mr. and Mrs. Peterson.
When it comes time for Mrs. Peterson to speak, she gets emotional. "I loved my daughter very much and I love my grandson too. I am very worried for his future if he is left with Brian. I wouldn't be surprised if he tried to molest him. That what his kind does."
Justin grabs Brian hand and then strokes his back to keep him from exploding. Brian's face is getting redder by the minute.
"I don't even know why he is trying to keep Gus. He doesn't love him at all."
"How dare you say I don't love my son?" This was just too much for Brian to take.
"Mr. Kinney I will not warn you again that outbursts will not be tolerated in my courtroom. Mr. Jacobs I hope you can keep your client in control."
"Yes your honor."
Mrs. Peterson is finished and steps down. Mr. Carnegie now proceeds to talk about Brian. "Mr. Kinney has quite a reputation for having casual sexual encounters with hundreds of different men. He even owns a club that caters to men who engage in aberrant gay behaviors. This certainly is not a fit environment for a child to be raised in. He is also known to abuse recreational drugs and was once accused of molesting his own nephew."
"Mr. Carnegie I assume you have witnesses to back up these accusations."
Of course they didn't. No one in the gay community had the balls to say anything against the great Brian Kinney. They certainly couldn't go to Brian's mother. The Peterson's didn't want anyone else trying to take Gus away.
"At this time we don't have anyone that is willing to testify. I believe they are afraid of Mr. Kinney."
"I can't deal in what hypotheticals Mr. Carnegie. Mr. Jacobs you may present your case."
"Thank you your honor. We don't want to engage in blackballing like Mr. Carnegie. My clients; yes Mr. Kinney is not the only guardian here. Contrary to what they would like you to think, Mr. Kinney is in a monogamous relationship with his husband Justin Kinney. I know this court doesn't recognize their marriage, but they also are in a legally binding domestic partnership. Mr. Kinney would not be a single parent. He also has substantial financial means with which to care for his son. He is the owner of the premiere advertising agency here in Pittsburg, Kinnetics. This past winter he purchased a home just outside the city, where they plan to reside. Gus has already been enrolled in a very prestigious private school.
As to the accusations that Mr. Kinney would molest his son or ever molested his nephew, that is absurd. Homosexuality does not directly translate to pedophile. In his nephew's case it was proven that he lied about Mr. Kinney. I have a police officer here who handled the case and can testify to this fact.
Mr. Kinney does own a club in the mainly homosexual district known as Liberty Avenue. He does not run the club and has never and would never take his young son to this establishment.
Mr. Kinney has always financially supported his son and Lindsay Peterson named him along with his husband, in her will, as the person she wanted to raise her son. She also expressly stated that she wanted her parents not to have any contact with her son. Unlike Mr. Carnegie we have several people willing to testify that Lindsay's parents shunned her because of her own homosexual orientation. They wanted nothing to do with their daughter except to try and convince her to 'go straight' and let them help her raise her son. Lindsay said on numerous occasions that she wanted he son to have nothing to do with the Petersons.
Your honor, Mr. Kinney doesn't claim to be a saint. He engaged in things in his younger days, but gave up all of those things to enter into a loving and committed relationship with Justin Kinney. Justin has been in Gus' life since the day he was born and on Monday legally adopted Gus. They are a family even if it is not a conventional one. We strongly request that you allow them to retain custody of their son. Thank You."
"Mr. Kinney, would you like to say anything?"
"I certainly would. I don't care what Mrs. Peterson says. I love son more than anything in this world and he knows it. He is very happy with Justin and me. I would never in a million years do anything to hurt my son. You can ask anyone of the dozen people sitting behind us."
"Thank you Mr. Kinney. I would like to speak to the child now, in chambers, alone. Would someone please get him?"
Brian is worried, because if this judge is as much of a homophobe as Larry says she could put words into Gus' mouth and sabotage their whole case. He makes this assessment to Larry, who tells him there is no way around it. It wouldn't matter anyways because the court doesn't really hold to high the wants of a five year old.
Jennifer walks in with Gus. Justin tells him that he has to go talk to the judge in her office and to not be scared.
Inside the office the judge asks Gus to have a seat. "Hi Gus I'm Mrs. Mitchell, a judge. Do you know why we are here today?"
"Daddy just said that we had to come to court again. He said I might have to talk to you. I told him I don't like it here, but he and Daddy Justin told me not to be afraid. I'm being a big boy."
"That's good Gus. You're here because your grandparents would like for you to go and live with them."
"My grandma made me cookies. She sat with me outside until they said I had to talk to you."
"Not that grandma Gus; your grandma and grandpa Peterson."
"Who are they?"
"They were your mommy's parents. Don't you know them?"
"Do you mean the mean lady that hated my mommy? Mommies aren't supposed to hate their kids. My mommies loved me, just like my daddies do."
The judge is starting to get confused, so she takes Gus to the door of the courtroom and opens it just enough to point out the Petersons and goes back into the office.
"That's the lady that hated my mommy. We lived with her once and she wasn't nice to my mommy. I don't want to live with her. I want my daddy. Where's my daddy. I want my daddy."
Judge Mitchell can tell that Gus is getting upset and it is genuine. "It's okay Gus. You don't have to get upset. Your daddy is right outside in the courtroom. You love your daddy don't you Gus?"
"Un-huh, he loved my mommy. He came and got me after the car accident and took me home. He even bought me new clothes and a computer."
"How about your daddy's partner, do you love him?"
"I didn't know Daddy had a partner. Is it like Batman and Robin?"
"I mean Justin."
"Justin's not my daddy's partner. He's my other daddy. He loves me just as much as Daddy does. He colors with me and he's going to take me to school. He even let me have a chocolate milkshake with French fries at the diner where my grandma Debbie works. She's not the one who sat with me today. She got to go inside. She's Uncle Mikey's mommy, but she said I could be her grandson cause she's JR's grandma."
"Who's JR?"
"She's my sister, but she lives with Uncle Mikey and Uncle Ben. Daddy said I can see her whenever I want since we don't live in the same house anymore."
Judge Mitchell is starting to get a better understanding of the whole situation. She would be thoroughly disgusted if she didn't have this precious little boy sitting in front of her who seemed completely well adjusted.
"Gus, why don't we go back out and you can see your daddies, okay."
"Okay, don't tell daddy I got scared. I want to be a big boy."
They go back out into the courtroom and Gus runs over to Brian and Justin and gives them hugs. Then he lets Jennifer take him back outside.
"Okay, Mr. Carnegie do you think you can bring any witness who can support any of your claims against Mr. Kinney before I break to deliberate on the case." She is trying to give him any chance she can to prove that the homosexuals are unfit.
He wants to get Stockwell to testify, but his reputation was in the toilet after the whole scandal with Dumpster Boy so it wasn't an option.
"Not right now your honor, but I think our case still stands." He knows the judges reputation to so he thinks he has it in the bag.
"Okay court will recess for one hour while I deliberate. I suggest you take this time to have lunch and prepare yourselves for all possible outcomes." The gavel bangs.
"Let's go talk to Gus and get him out of here before the Petersons upset him again."
Larry has his assistant run across the street to get lunch for everyone while he takes everyone else back into the witness room.
Justin takes Gus' hand and he and Brian go to the back of the room to talk to him.
"Gus, what did the nice judge say to you?"
"She said the mean lady was my grandma again and that she wanted me to live with her."
Brian asks him what he said.
"I told her I didn't want to live the mean lady who hated my mommy. Then she said that Daddy Justin was your partner. I told her he wasn't your partner; that he's my daddy too. I think she thought you were super heroes. She was nice and said I could go back out and see you."
Brian seems relieved; so does Justin.
They all enjoy a nice lunch; trying not to think about what might happen when they go back into court.
After finishing lunch they all head back to the courtroom, once again leaving Gus and Jennifer outside.
When the judge re-enters the room, it is impossible to read her face. Brian is so nervous that Justin can feel his palm getting sweaty as he goes to hold it under the table.
"I have taken time to review both sides of this case. It is a very difficult decision to make. However seeing as how no real evidence could be presented to corroborate your claims Mr. Carnegie and the fact that Ms. Peterson did list Mr. Kinney and his partner in her will it makes it a little easier. For the time being custody of Gus Kinney will remain with his father. I will be turning the information over to the department of child services and they will make routine surprise home visits for at least a year to check on the wellbeing of the child. If anything questionable is brought to their attention we will address it at that time. This case is dismissed."
Brian looks at Justin and then at Larry. "Did she just say what I think she said?"
"She certainly did, so why don't you go get your son and celebrate."
Brian turns back to Justin and pulls him close. No kissing, he and Justin just hug each other for what seems like an eternity. The usually un-flappable Brian Kinney has tears streaming down his face like he did when Justin got bashed, and when he thought he had lost him in the explosion at Babylon. But these were happy tears like the ones Brian tried so hard, to no avail, not to shed at their wedding.
They finally break away and Justin gives him a long tender kiss. Then everyone takes turn hugging the happy parents. They go outside the courtroom. Brian grabs Gus and spins him around.
This let's Jennifer know how it went. And she hugs her son.
"Let's go Sonny boy, we're going to have a party." They all walk out of the courthouse with smiles on their faces never taking the time to look back at the Petersons. As far as Brian is concerned they are going to be ancient history from now on.
Stay tuned for the sequel "A Quest for Domestic Bliss". Please bear with me as it might take a little time to get it out to you.