Acceptable Behavior (23 page)

“My mom is getting Levi, then?” Travis asked for the third time.

“Yes. I spoke with her twice. She won’t have a problem getting there in time.”

“Thanks.” He paced around the large office, as he usually did. Travis could not sit still when he was worried.

“You could tell me what you know about the Fieldings,” Alex suggested to Sam.

“Not much. I may have met them once. I seem to recall Mel saying they were homophobic and very religious.”

“Great. We’re off to a good start then, with two gay defendants and a gay lawyer.”

Sam and Travis looked at each other with panic in their eyes. “Do we need to find a different lawyer?” Sam wondered aloud.

Alex folded his arms across his broad chest. “Are you going to find different defendants, too?”

“Of course not.”

The lawyer smiled. “Then give me a chance. There’s not much I enjoy more than ripping people like them to shreds.”

Travis frowned. “I don’t get it. In all these months that we’ve been together, I’ve not heard about these people. No phone calls to Levi, or inquiring about him. Holidays have come and gone, school programs, all that shit. Never a mention of them. Now all of a sudden they show up demanding custody?”

The door opened and Alex’s secretary showed Mel in.

She looked as drawn and nervous as Sam felt.

“Hey.” He jumped up and kissed her cheek, then offered her his chair. He chose a different one, and they all sat.

“This is bullshit,” she commented.

Alex replied, “I just asked Sam to tell me what he knows about the Fieldings, which was not much. Tell me what you know.”

She shook her head. “They’re strange rangers. Pretty religious, I know they used to go to church more than once a week. I remember when Rob got his first tattoo, his mother didn’t speak to him for a month. I thought it was a blessing, but he didn’t think that was funny. She eventually came around.”

Alex glanced at Travis. “Doesn’t like tattoos. Something else we have going for us.”

“No shit. Mel, when’s the last time you heard from them? Sam can’t remember any recent contact.”

“In person, it was before Rob was arrested. The last time I saw them was at his sentencing.” She looked at Alex. “Rob signed away his parental rights. His lawyer said he had no chance of parole before Levi turns eighteen, and it was in Levi’s best interests to sign rights to me so I could make all the legal decisions for him. So he did. His grandparents have no claim on him, right?”

“In Illinois, grandparents do have rights, but very rarely are they held in higher esteem than parental rights. The issue here is sticky, though, since you’re effectively signing away your parental rights. So now it’s uncle versus grandparents.”

“But I’m still in the picture. It’s not like I’m just giving him away. Doesn’t what I want carry any weight? And, more importantly, doesn’t what
Levi
wants matter the most?”

“It matters, but I won’t say it’s the most important factor. Some children aren’t able to make informed, intelligent decisions for themselves. Levi is, of course, and hopefully when the judge talks to him, he or she will see that for herself.”

“The judge will talk to him?” Travis repeated. He looked so upset, Sam’s heart felt like it was breaking.

“Yes. But first, we’ll have a hearing in front of the judge to determine if the case has any merit, and should go forward. They could toss it out right then, but I doubt they will. We’ll probably go to trial, so we’ll need to provide character witnesses for the two of you. Your parents should try to be there, they’ll look good sitting in the gallery.”

“Trial,” Travis said, his eyes glassy.

“Come on now, I believe we have a good shot. A lot depends on which judge we get. Gay adoptions are legal here, and being gay is a protected class in discrimination lawsuits.”

“What does that mean, exactly?” Sam asked.

“Put simply, it means that no one can discriminate against you for being gay, any more than they can discriminate against a woman or a black person. Now, having said that, there are still a few judges out there who are old school. They think marriage should be between one man and one woman, regardless of what the Illinois Supreme Court said. If we land one of them, we’ll have a tougher time making our case.”

“This is horrible!” Travis waved his hands. “I had no idea anything like this could happen. I should never have brought up the adoption issue.”

“Don’t panic,” Alex advised. “If we get a bad feeling as we go along, Mel might be able to withdraw her consent. You won’t be Levi’s legal parents, but he could still live with you. That’s our last resort.”

Sam had to ask. “You said Mel
might
be about to withdraw her consent? Why wouldn’t she be able to?”

Alex winced. “If the judge wants to play hardball, he or she could refuse her petition. The case would have to go forward with them ruling in favor of either you two, or the Fieldings.”

“Oh my God.” Travis put his face in his hands. “We could lose him.”

Sam rose and went to stand by his husband, placing a hand on his back. “Don’t think like that. We’ve got a good shot, Alex said.”

The lawyer nodded. “I really think we do. Start making a list of witnesses you could call. Teachers, family friends, anyone who’s seen you with Levi and knows how well the boy is doing in your care.”

“We can do that,” Sam agreed.

Alex looked at Mel. “Anything else you can think of to tell me about the Fieldings?”

She thought about it. “They used to private message me on Facebook. I wouldn’t accept their friend requests, but they kept sending me messages, asking to see pictures of Levi. They tagged themselves in one of his photos. I removed the tags and stopped posting his picture online.”

“Good.” Alex jotted notes. “Facebook stalking. We might be able to use it. Anything else?”

Mel shook her head.

“Keep thinking. We need every shred of evidence we can get on these people, the dirtier the better. Let me know if you come up with anything.”

“I will.”

Alex stood and saw them out. “Keep a positive attitude.” He clasped Travis’ shoulder. “You hear me? Think positive. We’re four strong people against two cowardly zealots. We can do this. We
will
do this.”

Travis nodded, and Sam walked him out. “Thanks.” He smiled at Alex.

“I’ll be in touch soon.”

Sam stood with his family next to their cars in the parking lot. “This is totally unbelievable.”

Travis ran his hands through his hair. “I feel like shit. I can’t believe this is going down.”

“Take it easy,” Sam squeezed his hands. “Go home and try to unwind. Go for a bike ride, maybe. I’ll go get Levi and be there soon.” He looked at Mel. “Would you like to come for dinner?”

She shook her head. “No, but thanks. I’m meeting Eddie later to go over some designs.”

Sam groaned. “He didn’t say anything about showing you his etchings, did he?”

“Huh?”

He grinned. “Never mind. Be careful. We’ll talk to you soon.”

Mel drove off, but Travis sat frozen behind his steering wheel.

“Hey, ready to go?” Sam tried to sound cheerful.

“Oh God, Sam! What have I done?” Travis broke down, his shoulders shaking as he cried.

“Hey, hey. Come on, now. You didn’t do anything. This is all going to be okay. You told me Alex is a great lawyer.” He held Travis and let him sob into Sam’s shoulder.

“What if we lose him to people Levi doesn’t even know? What kind of life will he have with them? God, Sam, I’m petrified for him.”

Sam spoke quietly into his ear. “You can share any thought you have with me. Any time. But when you’re with Levi, you will
not
talk to him like this. We don’t even want to mention this to him until we have to. He’ll be frightened, and if he sees how scared you are, it will devastate him. Do you hear me?”

Travis nodded.

“Think positive thoughts.”

“Positive thoughts,” Travis repeated, and broke down again. Sam held him, and let him cry.

* * * *

Sam didn’t own a suit, but wore one of Travis’ jackets to the first, informal hearing with the judge and the Fieldings present. A basket-case on the inside, he thought he appeared fairly calm and collected on the outside.

Travis had pulled himself together, too. They’d had several meetings with Alex and were all prepared for how the hearing would run.

Mel met them at the courthouse, and they all walked in together.

The Fieldings and their lawyer sat at a table on the left side of the room. Alex led them to the table on the right, and they took their seats.

Sam studied Rob’s parents. James was probably fifty, with salt and pepper colored hair. His jacket was tan corduroy, and he didn’t look that comfortable in it.

Marianne had a silver, shoulder-length bob haircut. Her face had a nasty expression on it already. Sam realized she was watching him as he checked her out, and he looked away quickly.

“All rise,” the bailiff announced, and they stood. “Court is now in session. The honorable Judge Marsha Needham presiding.”

A short, squat and wide black woman in a long black robe entered and took her seat behind the bench. Sam couldn’t get a read on her expression. He wondered what Alex was thinking about the judge they’d drawn.

Judge Needham picked up a stack of papers. “This hearing is to determine if there is just cause for a custody determination in the case of Levi Aaron Madison. James and Marianne Fielding have filed a petition, as paternal grandparents, for custody. On the other side we have Melanie Madison, the child’s mother, and Sam Madison, the child’s uncle. Mr. Madison and his legal husband Dr. Travis Nelson have also filed a petition for custody, with the mother’s consent. Do I have all that right?” She looked at Alex.

He stood. “Yes, Your Honor. I might mention that Mr. Madison and Dr. Nelson filed their petition first, with the full blessing of the child’s mother and the child himself.”

“That’s what I said, Counselor. Don’t try to grandstand me. I’ve been on this bench longer than you’ve been on the Earth.”

“I’m sorry, Your Honor.” Alex took his seat.

She looked to the other table. “Mr. Winston, on what grounds are your clients suing for custody?”

The opposing lawyer rose. “Your Honor, my clients are good, law-abiding, church-going citizens. When they heard that the mother of their grandson was suffering from drug addiction and had to be sent to rehab, they reached out to her and offered help caring for the boy. She rebuked them because they’ve never had a close relationship. But now that she’s apparently realized she can’t care for the boy, they believe they should be the first ones considered as legal guardians. The men she’s chosen have a history of poor choices which we feel would negatively impact the boy.”

“What kind of choices, and do you have any proof?”

The lawyer looked down on Sam and his family. “Your Honor, the men are
gay
. We understand they have tattoos. This is not the atmosphere we’d choose to subject an impressionable six year old to, and we find their behavior completely unacceptable.”

“Oh, good Lord.” The judge rolled her eyes. “So your clients are the salt of the earth and these two came from Sodom and Gomorrah. I get that.” She looked at Alex. “Counselor, what do you have to say for your clients before I have them thrown to the lion’s den for their lewd and lascivious behavior?”

Alex rose and offered a small smile. “Your Honor. Dr. Nelson is a highly respected pediatrician with his own practice here in town. Mr. Madison is a writer who earns a very good living and both men are able to care for Levi comfortably. We have a list of people prepared to speak on their behalf, including some of Levi’s teachers, one of whom can attest to the improvement in the child’s hygiene and attitude when he went to live with my clients, as compared to the time that the boy lived with his parents, including the plaintiff’s son. We would also like to note that Dr. Nelson’s parents, both teachers themselves, have been very hands-on grandparents and a positive influence in the boy’s life. And finally, Ms. Madison, Levi’s mother, has completed her self-imposed rehabilitation and is now working and doing very well. It is my clients’ intentions to allow her to be involved in the child’s life as much as either of them wishes, as long as she remains clean and sober. Which is, of course, her plan.”

“Duly noted. Okay, gentlemen. At first I didn’t see a case here, but now I’m intrigued. I’d like to hear what the witnesses have to say, and I’ll be speaking with Levi as well. Each of the plaintiffs and defendants should be prepared to testify. We’ll begin next Monday at nine a.m. My court clerk will let you know when to bring Levi. I’ll meet with him in my chambers. I don’t want him in the courtroom at any time.” She banged her gavel and rose.

The bailiff said, “All rise. Plaintiffs and defendants are dismissed to Monday at nine a.m.”

Sam looked at Travis and Mel, and they all looked at Alex.

He sighed. “Well then. Monday at nine it is. At first, judging by her demeanor, I thought she might throw the whole thing out. She surprised me.”

Sam stared at the empty judge’s bench. “Surprised. Yeah. Me too.”

* * * *

Travis held Levi’s hand as Alex walked them back to the judge’s chambers. The first day of testimony had gone pretty much as expected. He and Sam had each taken the stand and told their story. Mel had had it a little harder, as the opposing lawyer had tried to cut her down at every turn. His last question to her was if she was pregnant, and who the father of her child was.

Alex had anticipated the question, and she’d given the response they’d rehearsed. “I was inseminated. The father is Dr. Travis Nelson. He and my brother are going to adopt the baby once it’s born.”

Travis had been concerned about her perjuring herself, but Alex had insisted she was speaking the truth. She had been inseminated. They never used the word ‘artificially’. And Travis would be the father.

Now he felt like he was walking his child down a gangplank, with alligators waiting at the other end. Travis could tell Levi was shaking. He wasn’t doing much better himself.