The day arrived for the hearing with Juvenile Court to decide guardianship of David and Elizabeth was a nervous wreck. She and Bill had taken the day off to appear in the court proceedings and Elizabeth paced the floor in extreme agitation.
"Elizabeth," Bill came up behind her and held her by the hips, "Everything is going to great and David will be ours after today."
His wife turned to him and he saw tears glittering in her eyes, "I know that I'm being silly but it would kill me if anything went wrong and he was given to the deBourgh's."
The doorbell rang, "That'll be Jane." Bill observed as he opened the door, "Good morning." He said as Jane moved across the room and she saw her sister in distress.
"Auntie Jane." Anne Marie's voice rang across the room as she ran and flung herself on Jane's feet.
Jane picked her up, "You look very pretty this morning."
"Mommy said that I had to look my best for court." Anne Marie looked over at Elizabeth, "She said that we want to make a good impression on the judge so that he allows David to be a part of our family."
Bill looked at his sister-in-law with affection. She and Georgie had become good friends and they had offered to come to court to take care of the children if they were needed.
"Are you all ready?" Bill asked as he saw his sister walk into the room.
Elizabeth glanced around the room and her heart swelled with the love that was in this room, "Yes," She looked up at her husband, "I think we're ready to go."
The drive to the courthouse did not take very long and when Bill looked at his wife he saw that she was chewing on her lip with nervous agitation.
He slid his hand along her lap until he found her hand and took it within his while he squeezed it in a comforting gesture. "Everything will be fine." Bill said confidently, "Carrie O'Neal has made her recommendation to the court that we become legal guardians for David."
"I know," Elizabeth admitted, "But I can't help but be worried until I have the legal documents in my hand."
As Bill and Elizabeth were getting the children out of their car seats, Jane drove into the parking lot and pulled in next to them. Georgie got out of the passenger's seat in Jane's car and went to help Elizabeth and her brother with Anne Marie and David.
Elizabeth picked up David and settled him on her hip as Bill took Anne Marie by the hand and led the family into the courthouse.
After they checked in and waited for their case to be called, Bill found his nerves getting the better of him. He slid his arm around Elizabeth's shoulder as he tried to calm his emotions by telling himself that everything would be alright. But what if it isn't? The little nagging voice of uncertainty repeated over and over in his mind. What if the court goes against the social worker's recommendation and gives guardianship to the deBourgh's. Damn it, Darcy, this is your family. How can you and Elizabeth ever recover if David is taken away? The voice in his head tortured him even more; Elizabeth only married you to get custody of David so what happens to your marriage? Bill shook his head to dispel the images that flooded his brain.
The case was finally called and as the Darcy's made their way into the courtroom, Jane, Georgie and the children waited outside in the hall until they were needed.
The judge appeared in her black robes and took the bench to preside over the hearing.
"In the matter of David Bennet, appearing as guardian ad litem for the minor child is Patrician Noonan, Attorney at Law, also appearing is Carrie O'Neal for Social Services."
The judge, Commissioner Beck cleared her through and got right to the point, "I have read the report submitted by Miss O'Neal." The commissioner looked at the social worker, "Your recommendation is that permanent guardianship of the minor child, David Bennet be given to Mr. and Mrs. William F. Darcy."
"That is correct, Your Honor." Carrie O'Neal agreed.
"I understand that you have done a thorough investigation of the Darcy's."
"Yes I have, Your Honor." Carrie said and began her recitation, "Elizabeth Darcy is the older sister of Miss Lydia Bennet, the child's mother and has been an integral part of his life since his birth. Mr. and Mrs. Darcy have a nice home; Mr. Darcy owns his own construction company and Mrs. Darcy will be starting as a kindergarten teacher at Crestview Academy in the fall. David Bennet is attached to Mr. and Mrs. Darcy as well as Mr. Darcy's child by another marriage, Anne Marie Darcy. David will be well taken care of in the Darcy home and I believe that this placement is in the best interest of the minor child."
Commissioner Beck nodded her head and turned to the Guardian ad litem, "Mrs. Noonan, as counsel for David Bennet do you concur with Miss O'Neal's recommendation?"
"Yes, I do, Your Honor." Patricia Noonan agreed quickly.
"We have another petition for guardianship of David Bennet," Commission Beck announced, "Mr. and Mrs. Louis J. deBourgh of New York and I would like to hear from that party."
A man stepped forward, "I am Robert Dunn, Attorney at Law appearing on behalf of the deBourgh's." He glanced over at Bill and Elizabeth and raised his eyes with disdain, "Mr. and Mrs. deBourgh are the paternal grandparents of David Bennet and they would request that guardianship of the minor child be given to them."
"Are the deBough's here, Counselor?" The judge asked as she glanced around the room.
"Due to their busy schedules, they are unable to appear at this time but if the court were to grant them custody of the minor child then I would be escorting him to New York on behalf of my clients." Robert Dunn replied mechanically, "The deBourgh's would like guardianship granted and are planning to adopt the child." He showed the legal document in his hand, "I would like to submit this document to the court showing that the deBourgh's have also secured a release of parental rights from their son, Adam to facilitate the adoption process."
"Miss O'Neal, what steps have been taken to judge the viability of placement with the deBourgh's?" Commissioner Beck asked.
"A social worker from New York was sent to inspect the deBourgh's home and after an extensive interview has found them to be acceptable guardians for David Bennet." Carrie O'Neal answered in a professional manner, "You will find my analysis of Mr. and Mrs. deBourgh as guardians in my report."
The judge perused the report for a minute before she looked up at the social worker, "It says here that Mr. and Mrs. deBourgh have never met their grandchild, David Bennet." Her eyes inquisitive, "Also, their son Adam denied parentage of the child until he was proven the father through DNA testing."
"That is correct." Carrie answered, "Until these proceedings, they have shown no interest in David Bennet or his well-being. Adam deBourgh is an absentee father who has never seen his son nor wishes to ever do so."
Patricia Noonan took the opportunity to speak, "David Bennet is in the hall with his Aunts as well as Anne Marie Darcy if you would like to speak to the children privately to assess their wishes."
Upon the judge's approval, the bailiff opened the door and asked for Jane and Georgie to bring the children into the courtroom.
Anne Marie took David's hand and with her head held high she walked David into the room.
The commissioner smiled down warmly at the two children as she asked kindly, "Can someone introduce these adorable children?"
Anne Marie smiled back, "I'm Anne Marie Darcy and this is my brother, David." She pointed to her dad and Elizabeth, "They are our Mommy and Daddy."
Everyone in the courtroom laughed except for Robert Dunn who just scowled at the little girl.
"If no one has any objection," Commissioner Beck said, "I would like to talk to the children privately in my chambers."
There were no objections and Anne Marie led David by the hand to the door the judge indicated.
Once they were in the chambers, Anne Marie helped David into a chair and took the other for herself.
"Anne Marie, do you understand what we are doing here?" Commissioner Beck asked.
Anne Marie nodded, "You are going to decide if David is going to live with us."
"That is correct." The judge looked the little girl in the eye, "Anne Marie, what do feel about David living with you permanently?"
Anne Marie set her mouth stubbornly, "David is my brother and nothing that you can do will change that."
Commissioner Beck smiled, "I see." Her eyes were sparkling with enjoyment as she asked, "Why is David your brother?"
Anne Marie tilted her head as she looked at the woman who sat in front of her, "When I first met Elizabeth, I knew that she was going to be my mommy." Her eyes never left the woman's, "I made sure that Daddy and Elizabeth kissed a lot so that they would fall in love like Aunt Georgie said they would. I also told David that since Elizabeth was going to be my mommy that I wouldn't mind him being my brother and he's been my brother ever since."
The commissioner laughed, "So how do you like having David as a brother?"
"He's alright for a boy." Anne Marie said, "But I really want a baby sister and so I told Mommy and Daddy that I wanted a baby sister for Christmas."
The judge looked at her with surprise, "Is your Mommy going to have a baby for Christmas?"
"No, Daddy says that having a baby doesn't work like that but that they could try to have one in time for Easter." Anne Marie stuck out her bottom lip in a pout, "I still think Christmas would be better."
Commissioner Beck tried to hide her smile as she turned to David, "Young man, who do you want to live with?"
David looked at Anne Marie and she nodded as he said triumphantly, "Mommy and Daddy."
This time the judge couldn't help but laugh out loud and she said, "So you shall." She nodded at Anne Marie, "That's all I need for know; so we return to your parents."
Anne Marie stood up and helped David down off the chair before she turned to the judge, "There's one more thing." She said with her best grown up mannerisms, "I was wondering if you could get me another grandmother because I don't like the one Mommy brought." Anne Marie had a look of distaste on her face, "She's not nice at all and doesn't act at all like a grandmother at all."
"I'll see what I can do." Commissioner Beck said with a smile.
Anne Marie led David back into the courtroom as she made her way toward Bill and Elizabeth who both stood up to greet them. Bill scooped David into his arms and Elizabeth picked up Anne Marie. Bill wrapped his arm around his wife and Anne Marie grabbed her father with her free arm so that the small family was tangled into a group hug.
Commissioner Beck cleared her throat so Elizabeth and Bill sat the children on their feet. Jane took each by a hand and escorted them back into the hall.
"I'm ready to make my decision." The judge said, "After considering all of the evidence, I will be granting permanent guardianship to Mr. and Mrs. Darcy."
There were cries of joy from the couple as Bill gathered Elizabeth into his arms and said, "Thank you, Your Honor."
Robert Dunn looked stunned as he petitioned the court, "I would ask that the court explain the reasons why the deBourgh's have not been granted guardianship especially in light of the fact that they are willing to start adoptions proceedings right away."
"This court finds that in light of the fact that the neither the deBourgh's nor their son have had any interest in David Bennet prior to this hearing that they are not the right guardians for the child." She smiled at the Darcy's, "The court sees a family who is devoted to the welfare and care of David Bennet in the Darcy's." She glanced over at Robert Dunn, "Since counsel has provided a release of parental rights for Adam deBourgh," She told the Darcy's, "Adoption would be a possibility if you were able to secure a release of parental rights from Lydia Bennet."
"Thank you, Your Honor." Bill said gratefully, "We will pursue adoption if and when we are able to obtain the release."
Bill and Elizabeth left the courtroom with the necessary paperwork to prove their guardianship and Elizabeth sank to her knees in front of the children and hugged them to her with joy.
With his eyes glistening with unshed tears, Bill told Jane and Georgie, "We are David's guardians."
"That's great." Jane and Georgie cried together as Bill helped Elizabeth to her feet and took Anne Marie from her arms.
After leaving the courthouse and strapping the children into the car seats, Bill pulled Elizabeth into his arms and kissed her tenderly, "I'm so happy."
"Me too," Elizabeth spoke with her heart, "I don't know what I would have done otherwise. It would have killed me to give him up now."
"Don't even think about that." Bill shivered, "I can't even imagine."
She looked up into her husband's eyes and was flooded with emotion, "I love you, Bill Darcy."
His eyes grew wide at her words and he understood the implication, "I love you, Elizabeth Darcy, with all my heart."
He leaned down and captured her lips with his and kissed her with all of his passion. All he could think was that Elizabeth loves me.
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Tina Marie