A/N: So I know I'm making Jenny out to be a bitch but it works for the story. And Tony may seem a little more our of character than normal and that's because Tony lately has just been an ass, minus the secret santa thing.

And there's a bit of a time jump, this is about 3 months after.

Chapter 9

"Tony." Ziva said softly as she squatted next to me and gently ran her hand through my hair trying to wake me.

"What?" I groaned realizing I was sprawled out on the nursery floor in front of Avery's crib.

"You should get going if you want to shower." She said as she unknowingly continued to stroke my hair, making it very difficult for me to stay awake.

"Yeah." I mumbled making no attempt to actually get up. I wanted to pull her down next to me and sleep but I knew that would probably result in my immediate death. "You go back today?"

"Yes." She smiled and dropped her hand quickly.

"Guess I should leave." I sighed and looked at my watch to see I only had a little over an hour to get ready.

"Why are you on the floor?" she asked as she watched me struggle to get up. "Is the couch that bad?"

"No, the couch is good." I groaned as I finally stood up completely. "It's just a long walk from there to here."

"It took you five minutes to stand up." She laughed and I glared at her and then peaked into Avery's crib.

"You're going to take him to the day care by the base?" I asked as I reached down and stroked my sleeping son's spiky black hair. It, of course, was naturally spiky, I had nothing to do with it.

"Yes." She said as I stretched and saw her watching me.

"Checking me out, David?" I smirked as she rolled her eyes.

"In your dreams, DiNozzo." She laughed as she stood next to me at the crib. "He's gotten so big."

"I know." I said with a smile as we both watched Avery sleep. "You got your wish." I laughed as I saw her look at me confused. "With the black hair and green eyes."

"I did." She smiled brightly as she ran her finger over Avery's cheek.

"I guess I'll go get ready for work." I said as Avery started to stir awake. "Maybe not."

"Gibbs will kill you for being late." Ziva laughed as she scooped Avery up and brought him over to the changing table. "Right, love?" she said as she rubbed her nose lovingly against Avery's and he giggled happily.

"I'll live." I smiled as I watched her change him.

"He is so happy in the mornings." Ziva smiled as she tickled the bottom of his feet and he gave her a gummy smile. "What a beautiful smile."

"Thank you." I smirked and she swatted my arm and walked out of the room. "Hey, where are you going?"

"To get ready." She said as I followed her into her bathroom and she handed Avery to me. "I would like to be on time today."

"I'll be on time." I laughed as I brought Avery in front of the mirror and he squealed with delight and reached for his reflection. "Who's that?" I asked as I kissed his ear and he reached for my reflection as he continued to laugh. "Huh? Is that you?" he wasn't paying attention to me but instead continued to laugh and reach for Ziva's reflection as she turned to watch. "Is that Mommy?" I laughed as Avery quieted down and realized he was hungry then started crying.

"I'll feed him." Ziva said as we walked out into the kitchen and she warmed up a bottle.

I sighed as I watched Ziva move around the kitchen, also getting herself something for breakfast. I stayed over every other night but visited every night after work or most of the day on the weekend. Goodbyes were the hardest part, I hated having to hand Avery over to Ziva and walk away. I smiled as I felt Avery's hand on my face, obviously trying to get my attention.

"What?" I asked as Ziva tested the temperature of the milk. "Excited for day care?" I asked as I pressed a kiss to his forehead. Ziva laughed and stood in front of me, waiting for me to hand Avery over.

"Hungry boy." Ziva laughed as Avery happily sucked at the bottle. "Is the director still punishing you?"

"No, not after Gibbs laid into her." I said as stepped closer to her and stroked Avery's hair. "Ziva?"

"Yeah?" she asked not looking up from Avery. I took a deep breath and just stared at her before taking another step closer. She looked up confused by my pause. "Tony?"

"Nothing." I said shaking it off as Avery finished his bottle and Ziva burped him.

"What is it?" Ziva asked alarmed as she settled Avery against her chest and she looked up at me with those beautiful brown eyes.

"It's just Avery's gonna be sleeping through the night soon and," I paused to look at Avery. His green eyes were wide and hooded underneath his long black eyelashes.

"and what?" she asked obviously not following my train of thoughts.

"Will you give me a chance?" I asked randomly, expecting her to know what I was thinking.

"A chance at what, Tony?" she laughed as she placed Avery in his jumping seat thing.

"Us." I said and she backed away from me but I placed my hand on her arm and kept her close to me. "Please, Ziva, we don't have to pick up where we left off, we can start over."

"Tony." She started but fell silent and she just looked at me. Avery was babbling in the background oblivious to us. "I don't know."

"What's there to know, Ziva?" I asked as I moved my hands from her arms to rest on her hips. She narrowed her eyes at me but didn't move away or break my wrists, so that was plus. "We're good together. Avery's gonna be four months soon, and I've been here every night and we haven't fought once, and there was that kiss the first time I heard you singing to him." I stopped and she continued to just look at me, obviously thinking of what to say. "And I hate having to leave the nights I don't stay over. I hate going back to my apartment."

"Carl asked me out." Ziva stated softly, randomly, and calmly as she brought her hand to cup my cheek.

"Wait, what?" I asked shocked. Carl, what the hell was that ass doing asking out Ziva? "Carl, from human resources?"

"Yes, when I went in yesterday to talk to the director he asked me out." She explained as she dropped her hand and glanced at Avery who was babbling at us. "I do not think he knows I had your baby." I couldn't help but smirk, boosts my ego every time she says stuff like how she had my baby or how Avery looks or acts like me. "I declined."

"Yeah?" I smirked and she glared at me.

"He was pretty sad about it." She said and glanced at the clock behind me. "Shit, we have to get to work, Tony." She sighed as she pulled away from me and picked Avery up. "You still need to go home a change, I do not think Gibbs would like you showing up in your T-shirt and sweats."

"No, that'd probably get me hit." I laughed as I took Avery from her and walked towards the door. "Be good at day care." I mumbled as I cupped the back of his head and leaned him back so I could look at him properly. He laughed at me as he grabbed at my shirt. I smiled and kissed his nose and forehead before handing him back to Ziva. "See ya tonight." I said as I kissed the top of his head and he looked up at me from Ziva's arms with a pouted lip and sad eyes. He knew what goodbye was and I hated that. "We'll finish our talk?"

"Of course." Ziva nodded, and I wasn't quite sure if she was being sarcastic or not.

~**~

"Nice of you to show up, DiNozzo." Gibbs said as I rushed to my desk. He wasn't at his so I figured I could sneak in, obviously not.

"Sorry Boss." I mumbled as I put my gun in my drawer. "Wait, no, I'm not sorry, 'cause that's-."

"Shut up, DiNozzo." Gibbs said as he sat at his desk with his beloved coffee. "Just get to work."

"Where's Ziva?" I asked not seeing her at her desk.

"McGee?" Gibbs asked which I guess meant that he didn't know.

"She's with the director." McGee said.

"I'm gonna get coffee." I said as I quickly left my desk and headed for the break room. I grabbed myself a cup of coffee and got Ziva her tea. I felt like an idiot as I stood outside the director's office but I didn't have to wait long. "Hey."

"Tony." She smiled and I held the tea out to her. "Thank you." She said and took a sip, eyeing me suspiciously.

"What?" I asked with a smirk and she just shook her head at me. "What did the director want?"

"Nothing." Ziva said suddenly defensive.

"Whoa." I said and took a step closer to her. "What's wrong?"

"Nothing, Tony." Ziva said as she took some more of her tea and avoided looking at me.

"Ziva, are they sending you back to Israel?" I asked and heard the hitch in my voice. Nothing scared me more than losing her and Avery to Israel and her father.

"What? No. My father does not even know about Avery, well not yet." She said as her eyes finally met mine and I saw something I'd never seen before, fear.

"Come with me." I said and led her to the bathroom. I locked the door behind us after making sure we were alone. I took her tea from her and set in on the sink next to my coffee. "What's going on with you and the director?"

"It is really nothing, everything is fine." She said and kept her eyes over my shoulder on the wall.

"Stop lying to me, we're partners, we're best friends. Right?" I asked as I brought my finger under her chin and made her look at me.

"Yes, Tony, despite everything I have done to you." She started softly as she dropped her eyes again. Everything she's done to me? What the heck was she getting at?

"Everything you've done to me? Zeev, you gave me Avery, the best summer of my life-." She cut me off with a finger to my lips.

"That is not true." She said and I shook my head.

"It is, summers have always sucked. Being at home with my father from boarding school and college. You know this." I said stepping closer to her. I remember having this conversation on one of our first dates. "Just tell me what's happening. What does the director want from you?"

"Jenny and I, we were friends before I came here to NCIS. You know this, yes?" she asked and I nodded as she played with my tie. "She was the first person I told when I found out I was pregnant. I needed to know how it would effect my job, if I would be terminated."

"Okay." I said already knowing I wasn't one of the first people to find out, I figured she at least told Abby before me. "And?" When she didn't continue I cupped her cheek and forced her to look at me. "Sum it up for me, babe, just give me the jist."

"She promised she would not tell my father, if I did not tell you." Ziva said with a tight voice as she swallowed hard and looked at me. "But I had to tell you, I could not let you think there was someone else who fathered Avery."

"Yeah." I agreed as I thought about what she said. The director didn't want me to know about my child for her own personal vendetta. "I thought you told your father."

"No, he would have recalled me to Tel Aviv and probably forced me to terminate the pregnancy. He would have had no problem killing me, you, or Avery." Ziva said as her eyes started to water. I knew she got frustrated when her emotions became obvious.

"So he knows now?" I asked. I had always prayed the Eli David just stopped caring about Ziva and was indifferent when he heard of her pregnancy. Guess not.

"He will." Ziva sighed. "She told me she did not want you to know about Avery because she did not want you to hurt me or him, but really she just wanted you to stay with Jeanne until everything happened that she wanted to happen."

"And when I broke up with her she was pissed." I said and dropped my head to her shoulder. I didn't care that we weren't together and it might make her uncomfortable. Her father was going to find out about Avery now and from the fear that Ziva was showing it wasn't going to be good. "So she's going to tell him now? Just rat you out because I choose to be with you and Avery over Jeanne?"

"She did not want me to tell you in the first place." Ziva said as she nuzzled into my neck. Seeing her this terrified was terrifying me.

"I'm glad you did." I whispered against her ear and could feel her smile into my neck. I couldn't even imagine what would have happened if Ziva had told me that she was pregnant by some other man. Just the thought enraged me. "I love my little boy, Ziva, and I'm not gonna let anything happen to him or you."

"It may be out of your control." She sighed as she pulled back from me and placed her small hand on my cheek.

"I'll have a word with Madame director." I grumbled as I dropped my forehead against hers. "Zeev, I lo-." Her finger cut me off again.

"Don't say it." She pleaded, her breath warm against my face. "Please, Tony, this is already too much for me."

"You told me you wanted me to fight for you." I smirked as I kissed her cheek.