Don't Go (33 page)

I didn’t see this coming, I didn’t see.

Mike flashed on Chatty, after the attack. The donkey. The grandfather. The grenade. The orange-red blast explosion blinded him. The
boom
reverberated against his eardrums. He put up his hand, shielding his eyes. A car horn blared, and Mike slammed on the brake and veered right, almost crashing into a fire hydrant. Other horns sounded, behind him.

He steered straight, fed the car gas, then pulled over to the curb, heartsick. He slumped in the seat, watching the rain run down the windshield. Emily was gone. The legal papers were in his backpack. He couldn’t believe what had happened. He would have trusted Bob and Danielle with his life. He had. Emily was his life.

He reached into his knapsack and pulled out his laptop. He opened it up, turned it on, and waited for it to boot up on battery power, his mind racing. The laptop screen came up, and he scrolled to find a wireless connection. A list popped onto the screen, and he clicked a few networks until he found one that let him join, then navigated to Google and started typing.

He had to get Emily back.

He had a vow to keep.

Chapter Sixty-one

“How can this be legal?” Mike sat in a chair across from his new lawyer, Stephanie Bergen. She was supposed to be one of the best family lawyers in the area, and he was lucky she’d had a cancellation. “This has to be a kidnapping. She’s my child, not theirs.”

“Give me one more minute, please.” Stephanie was reading through his legal papers. She was about his age, but only five foot one, with thick auburn hair cut to her chin and a runner’s wiry body. She had a large office, with legal books and journals that filled walnut shelves. The wall above a flowery couch was devoted to diplomas and awards, and next to her neat walnut desk was a curtained window. Outside, the rain was freezing to snow, flying past the panes in icy flurries.

“All right, I’m finished.” Stephanie looked up, brushing her bangs away from sharp green eyes. “I’ll answer your question, then you can fill me in on the facts.”

“I thought the parents always have the rights to the child. So what the hell is going on?”

“Because of this agreement, Bob and Danielle have full legal and physical custody of Emily, and we—”

“I don’t have legal custody of my own child?”

“No.” Stephanie shook her head, and her thick gold earrings wiggled back and forth. “You signed the agreement, giving them custody.”

“It was supposed to be temporary!”

“Stay calm.” Stephanie paused. “That’s our argument and your intent, but the agreement doesn’t say it’s temporary. On the contrary, it provides specifically that they have custody for as long as necessary—”

“It says temporary in the title.”

“Yes, but the agreement itself has no term, and the judge’s order isn’t temporary.”

“What judge?” Mike threw up his hand. “When did they go see a judge? How can they do that without me?”

“They didn’t. Your brother-in-law filed the agreement you signed, and the judge approved it, so it obtained the force of law. If family members agree to a custody arrangement, a court will approve it, if it’s reasonable.” The light from a Chinese lamp on Stephanie’s desk made her jade green suit look flashy. “The agreement is still in effect, and the status quo is that they have custody, per a judge’s order. That’s why the police enforced it. You should’ve had a lawyer when you signed.”

“I did. Bob was my lawyer. I trusted him.”

“Bob represented his own interests. I never would’ve let a client of mine sign an agreement like this. We need to schedule an emergency hearing to transfer custody back to you, as her father, and the way—”

“So I have to go to court to get her back? I’ll get her back, right?”

“One thing at a time.” Stephanie held up a hand. “We have to go to court, and I don’t know if you’ll get her back.”

“It’s
not
automatic? I’m the
father
.”

“No, it’s not automatic—”

“That’s crazy!”

“Please, stop interrupting me.” Stephanie smiled in a way that was polite, if not warm. “I know you’re upset, but you need to control yourself.”

“I still can’t believe this is legal.”

“It is.”

“But it’s not fair. It’s not justice.”

Stephanie shot him a knowing look. “The law isn’t always just, unfortunately.”

“But it should be. Isn’t justice the point of law?”

“Let’s stay on track.” Stephanie glanced at her oversized watch. “Now, as I was saying, the agreement doesn’t provide visitation for you on any regular schedule, so you have no legal rights vis-à-vis your daughter.”

Oh my God
, Mike thought but didn’t say. He was trying to control himself.

“I’ll call the court and ask for an emergency hearing. It should only take a day, so keep your schedule clear. Now, in answer to your question, the fact that you are the child’s parent gives you the presumption of custody, but that presumption can be rebutted by clear and convincing evidence.” Stephanie’s tone turned professorial. “The legal standard is what’s in Emily’s best interests, and the judge will consider sixteen statutory factors in making his decision, which all go to who can provide the more loving, stable, and nurturing home. Understood?”

“Yes.”

“You have no home and no job. Is that correct?” Stephanie’s gaze dropped to his stump, then back up again, without apparent reaction.

“Yes, but I’ve only been back a few days.”

“That’s undoubtedly why he threw you out so quickly. He wants to get to court before you get your feet under you.”

“I can’t believe he would do that.”

“He just did.”

“It doesn’t seem real.” Mike ran his hand through his hair. “I never would’ve expected this. She’s my wife’s sister. They’re family.”

“It is real, and the sooner you realize it, the better.” Stephanie folded her hands over the papers, regarding him for a moment, with a frown. “Sometimes you pick your fights, and sometimes they pick you. Litigation is just another kind of war, and a custody fight is toughest of all. Lock and load, Mike.”

Mike blinked. It was the way she said his name. It kind of woke him up.

“Now I’d like you to explain to me what’s been going on since you got home.” Stephanie turned her chair to face her laptop. “Can you do that for me, calmly?”

“Sure.” Mike told her everything from Chloe’s pregnancy, Sara’s murder, the time he fell asleep while he was babysitting, then about the arrest and the reasons he’d hit Pat MacFarland and the photographer. It poured out all of a piece, and he hadn’t realized until he told it that he’d been screwing up left and right, burning bridges behind him.

“Well, that should do it.” Stephanie turned from the screen and lifted an eyebrow, a faint red line against her pale skin. “I won’t sugarcoat this. I’m worried about our case, and my first worry is your drug use.”

“It’s for pain. I’m only a month post my revision surgery, and it’s not like I’m sitting around, elevating it.”

“So it’s pain medication for your injury. Are you taking a prescribed dose?”

Mike hesitated.

“Level with me. I can’t represent you properly unless you tell me the truth. Are you taking a prescribed dose or are you taking a dose in excess?”

“In excess, but I can wean myself off.”

“Start right now. I want you to testify that you’re taking a prescribed dose, and I want you to be telling the truth.” Stephanie picked up a pen and legal pad, then began to write. “I’m giving you a Things To Do list. Number one, I’m writing down the name of a place you need to call, an outpatient program for substance abuse.”

Mike recoiled. “I don’t need a program.”

“I want you to call this place anyway. We’re going to get Emily back by showing that you have a willingness to work on your problems and are doing so.” Stephanie paused, pen in hand. “You need to be randomly drug tested, from here on out. You don’t have a problem with that, do you?”

“No.”

“You may even be tested at the hearing tomorrow.”

“In court?”

“Yes. Who prescribed your meds?”

Mike’s mouth went dry. “I self-prescribed.”

“What? How? That’s serious.”

Mike explained his scheme and his hidden stash of pills, and Stephanie frowned.

“Is it possible that Bob and Danielle found those pills?”

“Yes, they weren’t in my knapsack, which they packed.”

“We’ll have to deal with that.” Stephanie started writing again. “Number two, you need to find a nice apartment, furnished. Local. Call TopTrees down the street, I saw they have some. If you can’t get it furnished, rent the furniture, right now. I’m writing down the name of a furniture rental, and they deliver twenty-four hours, all my dads use it. The place doesn’t have to be expensive, but it has to be family-friendly, with bedrooms for you and Emily. You follow?”

“Yes.”

“Number three, you have to get a household up and running. Go shopping.” Stephanie checked her watch. “It’s only two o’clock. Stores are open late.”

“I have all that stuff in my storage unit, from my old house. I have furniture, too.”

“No, we don’t have time to unpack an entire house. I want you to buy dishes, towels, sheets, and toys, and take some nice pictures of the apartment, especially Emily’s room, and email them to me.” Stephanie kept writing. “Number four, I want you to call rehab for your injury and set up an appointment.”

“That’s a long process.”

“So?” Stephanie met his eye, sharply. “Now, you said you have feelers for a job. Fill me in.”

“There’s one in Connecticut that’s open right away. I didn’t want to take it unless I had to. I didn’t want to move the baby away from Danielle and Bob.” Mike tasted bitterness on his tongue. “Ironic, huh?”

“Forget that. The judge won’t let you relocate without their consent. How are your finances? Can you stay out of work for a month? It would be better for Emily if you could be home with her for a while, and it would look better to the court.”

“Okay.”

“But number five, for after that period, I would like you to line up some sort of part-time work.” Stephanie started writing on the pad again. “What about the job at the trade show? Is that part-time?”

“It could be.”

“Firm it up, so we can represent to the court that you’re good to go. Also, we have to talk about childcare for Emily.” Stephanie paused, eyeing him. “I would like you to consider having Danielle become Emily’s childcare provider in your home, on a paid basis, while you are at work.”

“No way!” Mike shot back. “She and Bob are the last people I’d ask to do anything. You said it yourself; they wrote an agreement that they knew put them in the driver’s seat.”

“I understand that, but you have to think about the continuity of care, for Emily.” Stephanie’s eyes widened, in a frank way. “Wouldn’t it be in Emily’s best interests if Danielle were involved in her life, going forward?”

“I can’t imagine letting either of them be with Emily, ever again.”

“Wrong answer.” Stephanie shook her head in disapproval. “You’re speaking out of your own anger. You’re not thinking about Emily. You thought highly enough of Danielle’s care to leave Emily with her after you renewed your contract, so what I would like to propose at the hearing is that Danielle take care of Emily. If she’s not interested, it will make her look bad, in that she’d only care for Emily if she’s legally in her custody. Do you follow?”

“Yes, but it drives me crazy.”

“Stop with the crazy. You’ve had enough crazy, and it doesn’t serve you.” Stephanie made another note on the sheet. “While we’re on the topic, number six, I am writing down the phone number of a therapist. I want you to call him today and set up an appointment.”

“The VA provides that, with rehab.”

“Then you’ll do that too, but I want you to avail yourself of private therapy as well. Stop avoiding.”

“I’m not avoiding,” Mike said, though he realized she could be right.

“We have to show the court that you’re dealing with your emotional issues, and I want to make it clear they’re because you’re coming back from a war and not reflective of a long-term problem.” Stephanie leaned over her desk. “Finally, there’s several things I
don’t
want you to do. I don’t want you to have any further involvement in Sara’s murder case.”

“It’s not uppermost in my mind, Emily is, but why should I abandon it? It’s not related to the custody proceeding.”

“It affects the custody proceeding. Playing cop on Sara’s murder case makes you look like a jealous husband and feeds into a picture that suggests you have deep-seated anger issues.”

Mike swallowed hard.

“I’m sorry about the death of your wife, but she’s not the one who was murdered, and right now we have to focus on Emily. So no running around to jewelry stores.”

“Are you sure?” Mike still couldn’t let it go. “It feels wrong to ignore Sara’s murder for my own problems.”

“You have your priorities backwards. It’s wrong to set aside your child’s welfare for Sara’s murder case. You’re Emily’s father, and that’s why we have police departments. And obviously, stay away from Bob and Danielle.”

“Emily, too?”

“Yes, all of them.”

Mike felt like hitting something. “I have to stay away from my own daughter? They’ll be at Sara’s funeral.”

“When’s that?”

“Tomorrow.”

“You may not even be there if we get a hearing scheduled, but if you are, give them wide berth. The same goes for the press, the police, ADA, and Pat MacFarland. Anybody calls you, refer them to me. Agreed?”

“Yes,” Mike answered reluctantly, knowing she was right about that, too.

“I’ll email you when we get the hearing date, and we’ll meet before to prepare you for your testimony.”

“Thanks.” Mike paused. “But I don’t understand something. If Bob threw me out to force my hand, why don’t we wait to go to court? I’d only have more of my ducks in a row, down the line.”

“Delay is never good. It looks as if you didn’t care, and my instinct is to be aggressive.” Stephanie tore off the paper and handed it across the desk. “This is your list. Start now. Get as much done as is humanly possible.”