Okay, we're coming down to the wire here. A lot of different things are going to be happening, the biggest right now of which is the custody hearing which is starting in this chapter. A lot of the stuff you'll see in the hearing will be made up by me. I want to state that ahead of time. While there is a lot of things online about family law, there is not much about the actual hearing. I decided to make the hearing do what I needed it to. Enjoy!
March
Dave was standing at the outside window in his office watching the snow fall. Thank god this whole mess was just about over. There was a knock at his door. Turning around, he saw Hotch standing in the doorway.
"How you doing?" he asked.
"About like you'd suspect," Dave shrugged. "I know that everything is going to be alright and go my way but there's always that little piece in your brain that keeps telling you all the things that could go wrong."
"How's Skylar doing?" the younger man asked.
"Not as worried as I am," Dave admitted. "I don't think she really understands what could happen if I lose. Or maybe she just thinks we'll win."
"What time to you have to be in court on Monday?"
"Nine in the morning. My attorney says the actual hearing will probably only last a couple of days."
"I don't think either of you have anything to worry about," Hotch assured him.
"From your mouth," Dave said. He motioned to the folder in Hotch's hand. "That file for me?"
"It's a triple murder from Ohio," Hotch said. "I've done a preliminary profile but I'd like for you to look at it."
"Sure," Dave smiled "It'll keep me busy until it's time to leave.
"And you will keep us updated." It wasn't a question
"If I don't, I have no doubt that Penelope will hack into the courthouse surveillance to watch the hearing herself."
Sunday night, Skylar had just climbed into bed and her father was sitting next to her. "You ready for the hearing tomorrow?" he asked as he adjusted the quilt covering her. She shrugged. "You know there is nothing to be worried about, right?" She nodded. "I have no doubt that when this is all over, you and I will be coming home where we belong." She nodded again. "And when that happens, we are going to a huge celebration. We'll invite all your aunts and uncles, related and adopted. Sound like fun?" She gave him a huge grin. "Okay, time for sleeping." He leaned over and kissed her forehead. "I'll see you in the morning. I love you." She blew him a kiss, her way of saying 'I love you'.
Mrs. Nichols was coming down the hall when Dave walked out and shut the door behind him. "Aside from the obvious, is everything alright?" the housekeeper asked.
"Aside from the obvious, everything's fine," he said. "How do you feel about moving?"
"Moving?" She was a little confused.
"If her mother gets custody, I'll be moving to wherever she lives," he said.
"Understood."
The floor of the courthouse where family court was held was quieter than the other floors seemed to be. There was a number of people but they all seemed to be more interested in not making a scene. Given the fact that anything they did would probably be reported to the judge that was probably a good idea.
Dave was sitting on a bench outside the courtroom with Skylar on one side of him and Ms. Cantrell on the other. While the adults talked quietly, Skylar looked around, trying to take in everything. She had insisted on bringing the teddy bear her father had given her when they first met and no one was going to say no to her, not today at any rate.
Dave and Ms. Cantrell stopped talking when they saw Elizabeth and her attorney arrive. Elizabeth and Dave glared at each other but they were smart enough not to start anything in the hallway of the courthouse.
Mrs. Roberts walked up to them. "Everyone all right this morning?" she asked.
"I think we'll all be a lot better when this is finally over with and we can go home," Dave said.
"I don't think you have anything to worry about," the social worker said. "Skylar is right where she needs to be." The door opened to the court room opened and their case was called. "Here we go," she said. The group got up and went inside.
It took a few minutes to get everyone situated. Dave and his attorney were on one side of the room while Elizabeth and hers were on the other. Mrs. Roberts and Skylar sat at a table between them. They looked up as a door at the front of the room opened.
"All rise," the bailiff said. "This court is now in session. The honorable Peter Beckett presiding."
The judge walked up to the bench and sat down. "Be seated," he said. "This is the case of Rossi versus Peterson concerning custody of the minor child Skylar Rossi. Is everyone here and ready to proceed?"
"Sarah Cantrell for the petitioner David Rossi, Your Honor," she said, standing.
"James Franks representing Elizabeth Peterson the child's mother, Your Honor," he said, standing as well.
"Kathryn Roberts, Your Honor," she said, standing. "I've been appointed as Skylar Rossi's social worker and advocate for these proceedings."
"All right," the judge said. "You'll find this hearing is a little less formal than criminal court. That does not mean that I'll tolerate anything less than appropriate behavior. Let's get started. Ms. Cantrell, go ahead."
"Thank you, Your Honor," she said, standing again. "Almost ten years ago, my client David Rossi had a six month relationship with Elizabeth Peterson. The relationship ended badly and, two months later, Ms. Peterson left town. When she did, she failed to tell Agent Rossi that she was pregnant with his child. She again failed to notify him when his daughter, whom she named Skylar Martine, was born although she did place his name on the birth certificate.
"For what my client later learned was revenge, she had no intention of ever informing him of Skylar's existence, knowing if or when he ever found out, he would hurt him greatly knowing he had a child he never knew about and it did indeed hurt him when he found out.
"What hurt him even more was the fact the Skylar had been placed in a psychiatric facility. It more than hurt him, it enraged him, especially after talking to his daughter's doctor and finding out that she really didn't need to be there.
"The day after he found out about her, Agent Rossi flew to Atlanta where Skylar was and, after being granted temporary custody, took her out of there and brought her home with him here in Arlington, where he was again granted temporary custody in Virginia until this hearing.
"Ms. Peterson never wanted her daughter and did her best to forget she ever had one. The records from the facility where Skylar was show she visited her only seven times in the five years she was there. Once Skylar moved her with Agent Rossi in May, she didn't visit her until December when she tried to physically remove her from the only true home she's ever known. It took the intervention of several of Agent Rossi's team mates before she left.
"Your Honor, everyone that the court investigators have talked to have stated that Skylar has so very far in the ten months she has been living with her father. She no longer sees a therapist because the therapist says it's no longer necessary. Her teacher and her tutor say that she has almost caught up with her grade level and will be able to start with them next school year.
"Is Agent Rossi perfect? Not by any definition of the word and he'd be the first to tell you that. Yes, he's made some mistakes but he has a huge support system of family and friends and, unlike Skylar's mother, he is actually trying to be a father and a good one at that. It is our hope that this court sees fit to make sure Skylar stays where she's at, where she wants and needs to be. Thank you." With that, she sat back down.
"Thank you, Ms. Cantrell," the judge said. He looked over. "Mr. Franks, your opening statement, please."
"Thank you," Franks said as he stood. "Your Honor, we have no doubt that Agent Rossi is an excellent FBI special agent and author. His record on that is well known. He may also be a good father. We won't dispute the reports on that. However, what is also well known throughout the Washington, D.C. area is his reputation for being a womanizer. Do we really want to leave an impressionable child in the custody of a man that uses women then discards them with no more care than he does for an old pair of shoes?"
TBC...