Someone want to explain to me why it cost me a hundred bucks to get a virus off my computer? Anywho, we got another snowstorm through here. I'm really beginning to hate winter. This is the custody hearing. I'm sure everyone has figured out what's going to happen but indulge me.

Chapter 8

Dave and Hotch had spent their fair share of time in courtrooms all across the country testifying in criminal cases of all kinds. This custody hearing, however, was more nerve-wracking than all the other appearances combined. They were waiting outside the courtroom the hearing was to be held in waiting for Dave's attorney to arrive.

"Hotch, I want you to know, if I don't get custody, I'll be leaving the BAU," Dave said.

"Going to retire again?" Hotch asked.

"Or transfer to the Atlanta field office," Dave said. "I promised I wouldn't abandon her and, if that means moving here, so be it."

"I don't think you'll have to worry about that," Hotch assured him.

"Probably not," Dave agreed, "but I wanted to let you know, just in case the worst does happen."

"Understood."

Mark Edwards walked up to them. "They'll be calling your case in about ten minutes," he said. "You ready?"

"As ready as I can be," Dave said. "Any clue about how it will go?"

"Officially, not a clue," the attorney said. "Unofficially, I don't think there'll be any problem at all." He looked at his client. "So, how did the meeting go?"

"She's a beautiful little girl," Dave said.

"And so much like her father it's scary," Hotch added, dryly.

"That is scary," Edwards agreed.

"Hey!" Dave protested. The other two chuckled.

When it was time to go in, Dave and Edwards sat at one of the tables at the front of the judge while Hotch sat in the gallery behind them. A few minutes later, the courtroom was called to order and they got started.

"In the matter of emergency custody of the minor child Skylar Rossi, is the petitioner here?" the judge asked.

"The petitioner is here, Your Honor," Edwards said, standing up.

"And you are?" the judge asked.

"Mark Edwards, attorney for Skylar's father and petitioner David Rossi," he said, indicating Dave next to him.

"Good to see you again, Mrs. Allen," the judge said. "You're the child's advocate?"

"Yes, Your Honor," the woman said, also standing.

"And the child's mother?" the judge asked. "I believe she currently has custody."

"I have been trying to reach her since the petition was filed as has Mr. Edwards, I believe," Mrs. Allen said. "I have left several messages stating why I was calling but have received no call back. Ms. Peterson lives in Europe so she wouldn't be able to be here personally but she could have had counsel here to represent her."

"Alright, then, let's get started," the judge said. "I've gone over the paperwork. Talk to me, Mrs. Allen."

"Your Honor, eight-year-old Skylar Rossi was placed in Bancroft Institute, a children's psychiatric facility, when she was three years of age by her mother," the woman said. "Apparently, she had stopped talking. She has been confined there ever since. According to the institute's records, Ms. Peterson, Skylar's mother has visited only seven times, no visit lasting longer than thirty minutes. None of the visits were on any holiday or the child's birthday."

"And the child's diagnosis?"

"Probable emotional abuse," Mrs. Allen said, "and the worst case of parental abandonment I've ever seen."

"Prognosis?"

"According to Dr. Daniel Holden, the institute's administrator, it'll be a good one once she's released," Mrs. Allen said, "and I tend to agree."

"Have you seen the child?" the judge asked.

"Last evening," she said. "While she doesn't speak, she can communicate. She had no trouble letting me know she wants to go with her father."

"Can't say I blame her," the judge said. "Alright, you can sit down."

The judge turned to Dave and the attorney. "Mr. Edwards, I have some questions for your client," he said.

"Of course, Your Honor," Edwards said. Dave stood up.

"Mr. Rossi, why didn't you come forward before now?" the judge asked.

"I didn't know Skylar existed," Dave said. "I still wouldn't if Skylar's grandmother hadn't told me about her."

"Why wouldn't Skylar's mother tell you herself?"

"We didn't part on good terms," Dave said. "I was told it was for revenge. The minute I found out about her, I came down here and filed for custody."

"We have a positive DNA match for paternity, so we know she's yours," the judge said. "Mr. Rossi, you've been married, what, three times?"

"Yes, Your Honor," Dave said. He knew this was going to come up.

"Commitment issues?"

"Only one of the divorces was my idea," Dave said, defending himself.

"Any you don't have any other children?"

"No, sir."

"Are you sure you can handle something like this?" the judge asked.

"Your Honor, I have a very large family and a lot of good friends for a support system," Dave said. "I have no doubt that I will get all the help I could ever want or need." Dave paused then took a deep breath before speaking again. "Your Honor, I'm a fifty-four year old man who has more than his fair share of faults. My boss and best friend, who is sitting behind me, has on more than one occasion, listed them for me, at length and in great detail. I'm an FBI agent who's seen more evil than most people can imagine.

"But that little girl, through no fault of her own, has already had to endure more than any child should have to. Do I wish I had known about her earlier? You betcha but I can't change what's happened. The only thing I can do now is try my best to give her the type of life she deserves, the one she should have had since the day she was born." He finished speaking and sat down.

The judge looked at him for a few moments before speaking. "Agent Rossi, having looked over your file, I have no doubt that humility and self-deprecation are not two of your shortcomings," he said. "I also see that most of your claims can be backed up, much to everyone's chagrin, I'm sure. However, I see nothing here that precludes you from being a good father. Certainly, a lot better than some of the ones that come through here. Temporary custody of the minor child is granted to her father. Good luck to both of you. My clerk will have your paperwork for you in about a half hour. Court's adjourned." A gavel was banged and the judge left the room.

"Congratulations," Edwards said as he and Dave shook hands.

Hotch came around to the table and he and Dave hugged. "I told you you had nothing to worry about," he said when they parted.

"So I'm a worrier," Dave said. "Sue me."

"Not something you want to say in a room full of lawyers," Hotch dead-panned.

"Well, my work here is done," Edwards said. "You won't need me to get the papers or collect your daughter, which, I assume, you're going to do tonight."

"Oh, yeah," Dave said. "She is not spending another night in that god-forsaken place."

"Once you get home, fax me a copy of the paperwork," Edwards said. "We'll need them when we file for permanent custody in Virginia."

"I want adoption, remember," Dave said.

"Custody first," the lawyer said, "then adoption. Once you get home and are thinking a little more clearly, I'll explain the reasoning and introduce you to one of my partners. She specializes in family law and can do a much better job for you than I can."

"I'll take your word for it," Dave said.

"Have a seat in the hall," Edwards said. "In a half hour, go see the court clerk, get your paperwork then go get your daughter." The three men shook hands and Edwards walked out of the courtroom. Dave and Hotch weren't far behind him.

Dave ran his hand through his hair then began pacing in front of the bench that Hotch had sat down on. Hotch knew that look on his friend's face. The major meltdown that he had been expecting looked like it was going to hit soon and it was going to be big.

"If you're going to freak, you might want to wait until we get back to the hotel where there aren't so many witnesses," Hotch told him.

"I'm not going to freak," Dave said.

"If you say so."

"You don't believe me?"

"Dave, most men would have had a meltdown when they found out they had a child," Hotch said. "You didn't and don't tell me you're not most men." Dave just smirked. "You've been very calm and methodical for the past three days. I think you're overdue for one."

"I'll wait until we get home," Dave said, visibly trying to calm himself. "There, I can freak with my favorite scotch nearby."

"Sounds like a working plan," Hotch admitted.

It was another fifteen minutes before the court clerk came out with the papers Dave needed. "That was fast," Hotch said.

"In custody cases like these, there's usually a need to be fast," the clerk said. "Don't forget to get a copy to your attorney."

Once the clerk was gone, Dave looked at his friend. "Let's go get my daughter," he said.

Marilyn was waiting for them when Dave and Hotch reached the dorm. "I take it you know," Dave said.

"Dr. Holden called me right after you called him with the news," she said.

"Have you told her?" he asked.

"I thought I would leave that for you," she said. "I've already got her things packed. There's not much. Two boxes, a small suitcase, a carry bag and a backpack."

"We can ship the boxes to Virginia," Hotch said. "Everything else can go on the plane with us." He looked at Dave. "Why don't we get everything into the car while you get Skylar? That way, we'll be ready to leave before long."

"She's in the sun room again," Marilyn said as she and Hotch headed for the stairs.

Skylar looked up when the door opened and Dave walked into the sun room. She watched him as he made his way to her. One of her eyebrows rose in question. "So," he said. "You ready to go home?" With a smile, she got up and threw herself into his arms. "Let's get out of here," he whispered after a couple of minutes and they headed for the door.

TBC

The next chapter, Hotch takes Dave and Skylar somewhere they've never been before. Thanks for reading.