“Yeah. And if his face was any indication, I bet he’s in the phone first thing during the break to those two. I have a feeling that Melanie and Lindsay left out a few things when discussing the case with him.”
“I just can’t believe that they didn’t even show up,” Justin said. “Considering their reactions when they found out about the lawsuit, I was sure that they would show up and plead their case.”
“Them not coming was definitely in our favor,” Mark told them. “Especially considering the short notice we had and the fact that both of you are here, despite your own schedules. It showed the judge what your priorities are and where you place Gus among those priorities. I think the judge will have no choice but to use that in her considerations.”
“So what do you think out chances are that the judge will grant the visitation request?” Brian asked, worry evident in his voice at the thought that he might not be able to see his son.
“I’d say that our chances are damn good that you’ll get at least one day a week, if not the whole weekend, which is what I was asking for as per your request, with Gus,” Mark assured Brian.
“Even after Brian told the judge about Brian’s tricking and the parties that he’s had at the loft?” Justin questioned. “I mean that can’t have gone over well with her.”
“And I’m sure it didn’t,” Mark admitted.
“No shit,” Brian muttered, earning himself a swat from his lover.
“But,” Mark broke in, “I think we countered that argument well with Brian’s admission that he hasn’t been with anyone but you for the past five months. It shows that he has changed his ways in regards to that aspect of his lifestyle.”
“Yea, you shit,” Justin turned to his lover, hitting him again in the stomach. “Let’s talk about that admission. Is what Mark told the judge true or just so much bullshit from you so that you can get Gus?”
“It’s not bullshit,” Brian mumbled. Justin just stared at the brunet for a minute, his mouth wide open. Even though he had heard Brian say it, he couldn’t believe it. And then it finally hit him what Brian was admitting.
“Why the fuck didn’t you tell me that you weren’t tricking? I mean, I thought we were fucking partners, at least that’s what you led me to believe.”
“We are partners,” Brian affirmed.
“Then when were you planning on telling me that you decided to stop fucking around,” Justin fought hard to keep his voice down. He didn’t want to cause a scene in the courthouse, afraid that it would get back to the judge and affect her ruling. “I mean, shit Brian, you know how much I’ve wanted to be the only one in your bed and you didn’t even have the decency to tell me.”
“I didn’t tell you because I didn’t know if I could do it,” Brian admitted. “I didn’t want to get your hopes up, because I know how much this means to you, only to have me fuck up like I usually do. I just wanted to make sure I could do this before telling you.” Justin looked over at Brian, trying to decide if he should be angry at Brian for not telling him about his no longer tricking or ecstatic over the fact that his lover wanted to do that for him. Finally he decided to not look a gift horse in the mouth and kissed his lover.
“You know Brian, if you aren’t careful, one of these days you might actually have me believing that you love me,” he teased his lover.
“Well, fuck, we can’t have that now can we.” The two men stood a moment, looking at each other before kissing lightly, mindful of where they were and the people around them. Mark cleared his throat, getting their attention. The two men pulled apart, but Mark smiled when he saw Brian take Justin’s hand.
“So, Mark, what happens now? I mean, where do we go from here?” Brian asked.
“Well, first off, we’ll see about getting a court date set with the judge for the actual custody hearing. In fact, she’ll probably say something about that today. And we’ll also have to arrange a visit from Child Welfare, which is SOP for all custody cases.”
“Great, just what we need,” Brian moaned. “Some bureaucrat deciding which place is better for Gus. He’ll probably be some kind of homophobe who would rather see a child in foster care than with a couple of fags.”
“Brian, not everyone is a homophobe,” Justin told his lover. “Even if it does seem like that sometimes. There are some good people working for the government.”
“Well, we won’t have to worry about that,” Mark assured his client. “I’ve already talked to Child Welfare. I’ve worked with them before with other cases and, if everything goes according to plan, you should have a visit scheduled next weekend with a case worker. And, because of the parties involved, I asked them to make sure that whoever they send out is open-minded when it comes to sexual orientation. Also, don’t be surprised if they decide to do a couple of surprise visits, especially if Melanie and Lindsay continue to say that your lifestyle is harmful to Gus. They’re going to want to make sure that those allegations are baseless.”
Mark looked down at his watch and noticed that it was almost time for the judge to come back and give her decision. “Well guys, it’s almost time. Are you ready?”
“As ready as we can be, I guess,” Brian replied.
“It’ll be okay, Bri,” Justin assured the older man.
“Remember, Brian, no matter what happens now, this is only the first step. We still have the actual custody case to get through.”
“Don’t fucking remind me.” The three men made their way back into the courtroom. The girl’s lawyer, Wilson, was already behind his table. Brian and Mark took their places again, with Justin right behind them.
“All rise,” the bailiff called again, as Judge Fox came back from her chambers.
“Please be seated,” she told everyone. “First off I want to say that this has been a difficult decision for me, because of the age of the child in question, as well as the reputation of Mr. Kinney and the allegations made towards Mr. Kinney by his son’s biological mother and her partner.” Brian groaned. By the way the judge was talking, Brian already had an idea that what he was about to hear wasn’t good news.
“But Mr. Kinney’s reputation is not what is on trial here today. In fact, I would have to say that both Mr. Kinney and his attorney have done a good and thorough job of proving that said reputation is based on the past and is not what is part of his current lifestyle. Mr. Kinney has also proven, by his presence here on such short notice, his sincerity in doing his best to see that his son is happy. On that note, I just have to say Mr. Wilson, that if I find out that your clients purposely failed to inform Mr. Cavanaugh and Mr. Kinney of this court date with the express purpose being their hope that they would not be able to appear, I will find them in contempt. I do not like being used. But that is not what is important right now.
“The case in front of us today is Ms. Peterson and Ms. Marcus request that Mr. Kinney be limited to a one hour supervised visit a week with their son Gus Kinney-Peterson. Mr. Kinney has requested unsupervised visitation at least one day a week if not the whole weekend. Based on the information I have been given, I am granting Mr. Kinney’s request. Mr. Kinney will arrange to pick up his son on Friday evening and drop him off Monday morning at his school.
“As to the custody hearing, I am scheduling that hearing for two months from now. That would make if November 28. Before that time, both parties can expect a visit from Child Welfare, who will report on the living conditions of both homes. I trust both parties will be prepared for a hearing at that time?”
“Yes your honor.”
“Of course, your honor.”
“In that case, this court is adjourned.”