Failing

Tony couldn't help the sinking feeling in his gut as he led Penny Parker up the stairs of her apartment building. Apparently the elevator was out, which was just his luck. Then again, the Spider-kid was insanely strong so he doubted she'd need help with her suitcases. Still, she just kept staring at him with her huge, bewildered brown eyes, and he felt like he was in one of his nightmares…the kind where he was on stage to give a speech, only he suddenly couldn't remember a single thing he was supposed to say, so he just started talking, but even as he was talking he knew it wasn't right. He wasn't saying the right things! He wasn't explaining it right!

But he was so tired he doubted he'd be able to explain it right even if he tried.

Pepper had been…well, incredulous wasn't the right word, but it was close, when he'd told her the plan he'd already put into motion the day he'd first spoken to Penny Parker.

"Tony, we…you…you can't adopt two children," she'd stuttered on the phone.

"I'm not adopting them. I'm fostering them. Just until I can find something better for them. The lawyers are already on it. Anyway, the Spider one is coming with me to Germany. I'll have an assistant waiting at the tower when the social worker brings the younger one over after school tomorrow."

He'd called the lawyers first, standing a block away from the library and waiting for Tish to return from her McDonalds trip before heading back to the car. He'd known that he should have called Pepper first…but he wasn't leaving those girls with Steven Westcott for any longer than he had to. No way in hell.

"Tony. No."

"What?"

"You can't have an assistant meet her! She's eleven! Did you even tell her that you wanted to foster her?"

"Well…no…"

"Tony!"

"There wasn't time, Pep! He…the kid said…" He'd run a rough hand over his face, knowing that he was doing all of this in the wrong order but that it had to be done anyway. "They aren't safe there!"

He had practically been able to see her pinching the bridge of her nose like she did when she was frustrated with him, so her next words had surprised him. "Okay. I'll do it."

"Do what?"

"I'll make sure I'm at the tower so I can at least show her around and help her get settled in. What's her name?"

"It's Letitia and I thought you were against this?"

"Well apparently you decided without me. And no matter how I feel about it, I'm not letting a scared little girl's introduction to her new home be one of your assistants."

"My assistants are nice!"

"Tony…"

"Look…I know I should have talked to you first. I'm sorry. But you didn't hear this kid. She begged me to get her sister out. Said she'd do anything. I just…I couldn't leave them there."

When Pepper had spoken again, her voice had been softer, but it hadn't made him feel any better. "I'm going to go ahead and start getting rooms ready for them. Do you think they'll want to be next door to each other?"

"Yeah. I think they'll like that."

Now he led Penny Parker up the stairs and to the door of the apartment where she'd lived with a man that had obviously abused her, and he felt his heart clench when she hesitated, hand hovering for a second before putting the key in the lock and turning the knob, stubbornly not so much as glancing up at him. Her eyes were red and her hand was shaking and he didn't know if it was shock from the news or a reaction to this place, but either way, he told himself that she'd feel better when they were far away from this apartment and Steven Westcott.

Westcott was sitting on the sofa, flipping through the channels on the TV, still wearing a pair of blue scrubs. When he glanced up, Tony watched his eyes rake over the girl, a slow smile turning his lips as his mouth opened to say something that would probably make Tony want to blast him in the face with the wrist gauntlet he always wore. So he beat him to the punch, moving to stand in front of her and blocking his view.

"Alright, kid. Start packing and we'll get out of here. You need any help?"

She shook her head, eyes darting over to Westcott and back to him. She didn't look cold and tough anymore. She looked afraid.

"I'll be out here. Let me know if you need anything."

He strode up to the man on the sofa who stood, tearing his eyes away from Penny and turning to look at him instead.

"The social worker came by…told me you'd be stopping by to let her pack her stuff. Gotta say, I'm surprised. I never thought the great Tony Stark had time for kids."

Tony lifted an eyebrow.

"Steven Westcott. Nice to meet you." He held out a hand and Tomy wondered if he thought he was safe. If he really thought that Penny hadn't said anything…or if he assumed Tony would be on his side.

"I don't really shake hands," Tony lied, and Steven let his hand stop with a chuckle.

"Sorry. I've never met a billionaire before. Figures you're all kind of eccentric." He was still smiling like he didn't understand the danger he was in. "How do you know Pen and Tish?"

Pen. Like he had any fucking right to call her by a nickname.

"We'll leave as soon as she packs her stuff," Tony told him instead of answering.

Westcott gave another little chuckle. "Well, good luck. You'll need it with that one. She's a handful."

Tony stared at him, eyes cold. "What do you mean?"

"Oh you know…teenage girls." He shrugged. "They're always imagining things…everything is always such a big deal."

"Like what?"

For the first time, Steven looked a little uncomfortable, the charming smiling dripping just a bit. And Tony could see how it would work. How a conventionally attractive man like him could smile and shrug his shoulders and make himself look like someone who could be trusted. "Well, you know. School. Friends. Boyfriends. Fights. We've had a couple of arguments and…well, a few talks that…I think she tends to blow things out of proportion."

"Is that so?" he asked, crossing his arms. "You want to know what I think?" Before Steven could answer, he continued, leaning in close and lowering his voice to just above a whisper. "I think that if you ever lay a hand on another child, I will end your life." He gave his usual fake smile, patting Steven on the shoulder, and the man froze, eyes going huge before the smile was back, strained this time.

"Did she say I hit her?" He shook his head, grinning at Tony like they were sharing a moment. "You know teenagers…this isn't the first time she's said something like that to get attention. I'm sorry to say it, but kids that lose their families like she lost hers…she's bound to tell a little white lie sometimes. But I can promise you, I've never hit her."

"I never said you hit her," Tony told him coldly, dropping the grin and gripping his shoulder.. "And she didn't tell me anything. Just remember. I'll be keeping an eye out. We all will." So the Avengers were mostly broken up…Westcott didn't need to know that. Besides, he was pretty sure a quick phone call to Natasha would have this problem taken care of. He had no idea why Penny hadn't reported Westcott, but it didn't matter. Maybe she had. Maybe no one had believed her. Or maybe the asshole had told them the same things he was telling Tony and they'd believed him. Either way, he didn't need the legal system to take care of people like this.

"It's great that she has someone looking out for her, but she really can't keep saying things like this. Why don't I…" he started, taking a step towards her bedroom like he might go in there and confront her, but Tony squeezed even harder, not letting him take another step in her direction. Steven Westcott was never going to be in a room with that girl ever again.

"I wouldn't do that," he told him simply, shaking his head and wishing he could put the suit on. Obviously he couldn't kill this asshole…but Iron Man could maybe maim him. "Why don't you go to your room? Stay in there until we're gone."

"Listen, there's obviously been a misunderstanding…"

"No there hasn't. Go to your room and stay there. And don't ever try to contact either of those girls again."

He was almost angry that Skip did as he was told, backing off and shooting a look at Penny's door but not saying anything. Tony really would have liked an excuse to throw him out a window. But Westcott went to his room as he was told, shutting it firmly behind him, and Tony leaned against the wall, keeping his eye on the door to make sure it stayed shut. Penny hadn't called for him, so he didn't offer his help again. He wasn't trying to be her father…hell, he couldn't be her father. He couldn't be anyone's father, for fuck's sake. All he had to do was think of the example that had been set for him to know that. But he could do exactly what he'd promised…he could give Penny and Letitia a safe place to live. He could look into Letitia's father and try to help him out…try and get him out of prison and help him get a job and a place to live so he could get his daughter back.

As for Penny…

She was Spider-Girl and she was a tough kid and he doubted she wanted him to be anything more than a…a superhero mentor. If that.

It took the girl less than fifteen minutes to pack up all of her worldly possessions, shaking her head and waving him away when he offered to help her carry the suitcases. That was fine with him…she was the one with super-strength and he was the one who'd just gotten his ass kicked by the man he'd thought was his friend. But that was a problem to think about later. For now, he needed to let the kid get settled. Then he'd talk this out with Pepper and hopefully, sometime soon, go to bed and sleep for at least fifteen hours.

She glanced at the empty couch, then towards Westcott's closed bedroom door, deflating a little when he didn't make another appearance, then released a breath the second they stepped out of the apartment. As they made their way back down the stairs, her carrying the two suitcases with ease, a backpack thrown over her shoulder, he could tell she had questions. Hell, he should probably ask some too. Like, was she okay? Did she need anything? Was there anything he should know, like food allergies or medication she took? Did she need a doctor?

But it had been the longest day of his life. He was honestly glad Happy was driving them because he doubted he'd be able to stay awake for long enough to do it. And he was sure the kid was tired too. She'd flown across the world and fought with the Avengers and then flown back and then she'd learned that she was moving into a new home with a stranger. She needed some time, he decided, before they had any big conversations. So he was quiet as they drove to his tower, and as they stopped at a drive so she could have dinner. He was quiet as they made their way to the elevator, and as they stepped onto his floor, Penny a half step behind him, her huge eyes stealing questioning glances at him the whole time.

"Penny!"

Tish was wearing what looked like new clothes that he was sure Pepper had bought her, her bright pink t-shirt matching the suitcases he'd had his assistant hand off to the social worker for her to use, and she raced up to Penny to throw her arms around her. Penny dropped the handles of her suitcases without hesitation, wrapping her arms around the younger girl, holding her almost desperately. But Tish only stayed in her embrace for a moment before jumping backwards, bouncing on her toes which were painted pink, giving him a hint at her favorite color.

"Hi, Mr. Stark!"

"Good evening. You ladies have a good day?" he asked, trying to smile at Pepper who saw through him in a heartbeat, concern taking over her face before she tried to hide it to smile at Penny.

"Yeah! Penny look! We got pedicures and new clothes! And we ate at Delmars and…what happened to your face?" She seemed to notice the bruise for the first time, taking a step back and glancing nervously at Tony.

"Nothing. I'm okay. Promise," Penny assured her softly.

It hit Tony for the first time that he maybe should have offered her some ice for her face, but he'd almost forgotten about her black eye.

"Penny, I'm Pepper Potts. It's very nice to meet you." Pepper held out a hand that Penny took, and Tony's heart twisted when her eyes darted around the room for a second like she was looking for exits.

"It's nice to meet you too, Miss Potts. Um…thank you. For letting us stay."

"Of course, honey. You must be tired…it's been a long day. Tish, why don't you show Penny her room so she can get settled in?" Pepper suggested, and the younger girl was full of energy once more.

"Yeah! Come on! You're right next to me!" And, grabbing a suitcase handle and struggling to tilt it, she led a silent Penny out of the room and down the hall.

The minute they were gone, Pepper put her hands on his arms, rubbing softly up and down, and he sighed, leaning his head against her and wishing he was already in bed.

"Letitia is all settled. I made sure she has lunch money for the week, and I read through their school information. I also scheduled a press conference for Monday so we can get ahead of this story. Both of their rooms are stocked with everything they should need, and they have access to Friday if they need anything else."

"Thank you." He knew that he should have been the one taking care of all that…this was his project. His idea. But he felt like he hadn't had a second to catch his breath for the last week and all he'd allowed himself to focus on was getting custody of those kids and trying to get Cap to listen and figuring out a way to get the people who had been his friends (and the ant guy) out of the Raft, and now all he could think of was going back to bed.

"What happened?"

"Cap is…uh…he's gone. Bucky too. They're going to get the others out of the Raft. They have my number if they need me." It felt like admitting failure to say it out loud. Cap was gone. He'd failed. The Avengers were no more.

Her hand rested on the back of his head. "Okay. Have you heard from Ross?"

"I'm sure he'll be calling. I'll talk to him next week."

"So you're actually going to sleep in tomorrow?"

"Yeah. It's Sunday. I say we take a day off for once. Let the kids get settled in. How's Tish?"

"She seems…good. All things considered. She was a lot better after I told her Penny was coming too."

"Yeah. That makes sense." He nodded, although she hadn't asked a question. Tony had been out of his depth before, but this felt like a whole new ball game. The Avengers were broken up. Like a boy band. And he was now the guardian of two children. Two scared, traumatized children, one of whom had superpowers. "I'll give Penny money for lunch and uh…deal with the paperwork. Make sure to update the emergency contacts they have on file at the school. Happy can drive them to school." That was comforting for some reason. School. They would be going to school all day.

"You know there's only one month left in the school year," she reminded him as if reading his mind.

"Right." It was May. School was almost over. Of course it was. Somewhere in the back of his mind, he'd known that. Idly, he wondered how long it had been since he'd slept for more than a couple of hours.

She waited, the obvious question hanging in the air between them. What was he going to do with two children?

"They've been taking care of themselves. They'll do homework and…they can sleep in during the summer. Watch TV. Teenagers like TV, right?" He waved a hand. "They're old enough to entertain themselves. I'm sure they won't get in the way."

Pepper lifted an eyebrow and he sighed. He didn't even believe his own words as he said them. He knew they wouldn't get in the way…had never even considered it.

"I'm going to have my team start working on Letitia's father's case. His court appointed attorney botched the hell out of it the first time. We'll try to get him an appeal…get her back with her father."

"And what about Penny?"

Penny had no family to go back to. No parents waiting for her.

Just him.

What a bleak thought.

"She'll be okay for a while. Maybe we can find her a real family. If she wants. Just…I want to let her catch her breath. She didn't know about any of this until about an hour ago."

Pepper pulled away, horrified. "Tony…tell me you didn't just spring this on her."

He wiped a hand over his face. "I…everything was moving so fast and…it wasn't like I've had a lot of free time, Pep."

"You couldn't spare fifteen minutes to have this conversation a few days ago?"

"No. I couldn't. Because I didn't know!" he hissed, trying to stay quiet. He wasn't sure how good the spider kid's hearing was, but he didn't want to risk her hearing them. "I didn't know if I'd be able to get custody and I was trying to talk some sense into Cap and get the others out of a literal maximum security prison in the middle of the ocean…and get Rhodey taken care of…and deal with Ross…I didn't know what to do. I just had to get them out."

He still didn't know what to do. He wasn't equipped to raise a traumatized teenage girl. Hell, he was barely equipped to raise a house plant. So for now, he would do the next best thing: give her a safe place to stay and hope for the best.

"Okay," she murmured, pressing her forehead to his for a moment. "We can do this. They'll be fine. Does she need to eat? Has she had dinner?"

"Uh…yeah. I got us burgers on the way here."

"Okay. Why don't you go to bed? I'll stay up for a little while in case they need anything."

And although Tony new that he should be the one staying up to make sure the kids he'd decided to take in were okay, he could also barely keep his eyes open, so he nodded, kissing her quickly before headed to his bedroom where he was hoping to take a long, hot shower and then sleep for as long as possible. But on his way, he hesitated outside Penny's room. The door was firmly shut, but he could hear Tish's voice from within, pitched high in excitement.

"And I have a desk and chairs by the window where I can read and a balcony! And you do too! And look at the little refrigerator! We can keep drinks in our room! Do you think they'll let us keep snacks in here too?"

"I'm sure they will."

"Pepper is so nice! That's what she told me to call her…she said she's going to take me to get my hair done tomorrow! I mean…you did really good too…"

"That sounds great, Tish." He could hear the soft smile in her voice…the one she seemed to reserve for her sister. "Do you know what style you want?"

The younger girl hesitated for a moment, and Tony told himself that he needed to go when her tone changed. "Penny, what's going on? Why aren't you happy?" She was silent for a moment, and Tony felt like an asshole for eavesdropping. Then Tish asked the question that hit him like a punch in the gut. "Do you think he'll…hurt me?"

"I don't think so. But if he does anything…anything, Tish, you tell me, okay? Promise?"

"He's Iron Man," Letita reminded her, sounding scared.

"I'm Spider-Girl and I'll kick his ass."

Tish giggled at that, and Tony leaned against the wall, feeling old and tired and so sad, then went to his room. It was normal, he told himself, for Penny not to trust him. Of course she didn't…she didn't trust anyone. He'd just have to give her time. She would be fine. He would figure it out.

After an absurdly long shower during which he nearly fell asleep standing up twice, Tony dropped into bed, falling asleep almost instantly, and the next time he opened his eyes, the clock told him that it was nearly eleven in the morning, sunlight streaming in gently through the curtains. He blinked at it a few times, hardly able to believe he'd gotten so much uninterrupted sleep at once.

It took a minute for everything to catch up with him. The Avengers. Ross. Rhodey. The two children that now lived in his home. But at least it felt like his brain was working again.

"Fri, where are the kids?" he asked, rolling over and stretching, wincing when he was still sore from the day before.

"Letitia is currently in the kitchen with Pepper. Penelope is not in the building."

That brought him up short. Not in the building? "Where is she?" he demanded, praying that the kid hadn't already run away…that he hadn't lost her on the first night.

"It appears as though she is sleeping on the roof."

He stared at the ceiling for a minute, waiting for that to make sense, but matter how long he waited, it just didn't. "The roof?" he clarified. "The roof of the building?"

"Yes, boss."

"Penny is sleeping on the roof?"

"Yes, boss."

Rather than going to check on her and potentially scaring her (just the thought gave him flashbacks to Rhodey and Pepper and flying as fast as he could, arms outstretched to catch someone he couldn't save), he pulled the MIT shirt he'd stolen from Rhodey and a pair of sweatpants on, then headed to the kitchen where he did in fact find Tish and Pepper who appeared to be making brunch, which made an oddly domestic scene.

"Morning," he greeted, grabbing the blender and searching the refrigerator for smoothie ingredients, coming up with spinach, kale, and plenty of berries, letting him know that Pepper had also put in a grocery order and restocked the kitchen.

"Good morning, Mr. Stark."

"Any idea why your sister is on the roof?" he asked the girl whose full concentration was on flipping a pancake, trying to sound nonchalant.

Pepper's head jerked up at that, but Tish just nodded. "Penny almost always sleeps on the roof," she told him without looking up from her pancake, like that was a normal thing for a person to say.

"Any particular reason?"

She shrugged. "She never sleeps in beds…she doesn't like it."

Pepper met his eyes over the girl's head, her lips pressed together in worry, but he had no idea what to say to that. Tish didn't seem to think it was weird, instead managing to flip the pancake and grinning up at Pepper who smiled softly down at the girl, resting a hand on her shoulder.

"Perfect. I think you've got it."

"Do you want pancakes, Mr. Stark?"

He forced a smile, trying not to think about why Penny Parker didn't sleep in beds. "Sure, kiddo. Thanks."

For a while, the only sound in the kitchen was the soft sizzle of batter as Tish continued to make pancakes, then the whirring of the blender as Tony fed ingredients through the slot on the top, starting with the greens, then adding juice and the berries. Once they were done, he poured four glasses full of the thick green liquid and handed one to Pepper, then held one out to Tish who stared at it with more than a little hesitation as he took a drink of his own.

"What is this?"

"A smoothie."

She wrinkled her nose, glancing up at him, then took a hesitant sip like she was afraid of offending him. But then her eyes widened and she smiled, a green mustache left behind on her upper lip. "It's good!"

"Of course it's good. I'll have you know I'm an excellent cook."

Tish glanced down at the smoothie, then up at him before cocking her head. "Mr. Stark, I don't think making a smoothie counts as cooking," she informed him gently, and he rolled his eyes when Pepper snorted, turning her face away to hide her laughter.

Tony was halfway through his breakfast of surprisingly good chocolate chip pancakes when Penny appeared in the doorway to the kitchen, taking them all in before stepping fully into the room. Tony opened his mouth to greet her, but Tish beat him to it, calling her over from her spot by the stove.

"Look, I'm making pancakes! Do you want chocolate chips?"

She made a visible effort to look at ease as she walked into the kitchen, fully dressed in jeans and a t-shirt. "Sure. Thanks." She glanced at Tony and Pepper then, hesitant. "Good morning."

"Good morning, Penny. Did you sleep okay?" Pepper asked, passing her a smoothie that Penny took a drink of without hesitating.

"Yeah…thank you."

"Do you have everything you need?"

She nodded, taking another drink of her smoothie.

"I'm taking Tish to the salon this afternoon. Would you like to come?" Pepper offered, not seeming daunted by the seemingly impenetrable walls that this kid had seemingly built around herself.

Penny glanced at Tony, seeming unsure, but he had no idea what she was asking. Did she not think she was allowed? Did she not want to go? Did she want to talk to him about all of this? Did he have any idea what to say if she did?

"Come on. It'll be fun!" Tish cried, plopping a pancake onto a plate for Penny, and the girl nodded, eyes dropping to the floor, forcing a smile that looked painful.

"Okay. Yeah. If it's okay. That sounds fun."

Then she sat down at the counter, a full two stools away from Tony, and started nibbling at her breakfast, and he told himself that it had been less than a full day since he'd told her that she would be living here, and less than a week since they'd even met. That he would figure out how to talk to her and how to make her feel safe here because he was a genius and because he had to. And the rest of their late breakfast passed in near silence until he couldn't take it anymore and headed down to his lab, feeling once more like a failure.

Thank you for reading!