A Day in June, Chapter 10
An infant car seat, travel crib, and a load of other infant needs arrived at Devon and Jade's place on Friday as gifts from Don and Dale. Jade had called them the minute he knew about the hearing and the probability that they would soon meet their grandson, but he had explained that nothing was etched in stone. The excited grandparents ordered several things on Amazon in case all went as they hoped.
Of course, the addition of a baby to the mix would change their holiday plans because Devon was hesitant to travel with his young son in the winter unless it was absolutely necessary. As a new father, and one that didn't yet know how portable babies are, it wasn't surprising that he was being overly cautious. Don and Dale understood, and offered to bring the food they'd planned and make Christmas dinner at the guys' house if that would be okay. Devon and Jade readily agreed. Having Don there for a few days would be a godsend. He had taken an active role in rearing Devon, and his input would be welcomed.
The hearing was set for Monday, December 22, in Polk County at 11:00 to give the out-of-towners time to drive the distance without its being a hardship. However, Devon and Jade made the trip on Sunday night, booking an inexpensive motel a few miles from the courthouse in which it would take place.
Dr. Gillespie and his student aide, Kaitlin, started early in the morning on Monday to allow for any unforeseen weather problems that might cause a delay.
The day turned out to be crisp but sunny. Jade insisted that it was a good omen from the Great Spirit, and Devon hoped he was right.
They arrived at the courthouse with time to spare, and a number of baby supplies in the trunk of Devon's convertible, hoping that those would be needed before the day was over.
When they filed into the designated room, Mr. Gillespie led the way followed by Devon, Kaitlin, and Jade in that order. The latter two opened their briefcases and extracted electronic devices, Kaitlin a Tablet, and Jade his old laptop. Both appeared to be ready to transcribe the details. The lawyer set out his Tablet and called up the file with his notes. He also had several paper copies of an agreement he hoped would meet the judge's approval. If so, he intended to pass them out to everyone concerned.
Susan's attorney, Mr. Vance Hunter, came in next, followed by Susan and a 30ish couple with an infant in a carrier. There was a light blanket obscuring the baby's face, so Devon didn't get a chance to see his son.
The additional information Dr. Gillespie had gleaned from the message Susan left on the phone had caused a shift in plans. He had immediately filed a petition, by email, stating Devon's desire to be granted full custody of his son. In addition, he requested that Susan's rights be terminated in view of the fact she was planning to give the baby up anyway. He explained that his client didn't want his ex wife to have any contact with his son until and unless the boy wished to meet her when he was old enough to request it.
Because of that, the element of surprise had been replaced by a strongly worded statement outlining Devon's position.
Susan's lawyer was now on the defensive, though he tried to hide it by going on the attack himself. The tone of his delivery seemed more theatrical than genuine. It made the others in the room suspect that he knew he was at a disadvantage.
"This is outrageous! I have this adoption all arranged." Vance Hunter began. "Instead of making a demand, your client needs to sign with no further delay!" he insisted.
"On the contrary, you need to immediately scrap anything you've done toward the adoption and allow my client to take his son home with him today. If you took this on contingency, you may not get paid, but it will be far less costly than defending yourself against a charge of obstructing justice."
"Are you threatening me?"
"No sir, I'm simply pointing out the facts. I'm sure you remember the fallout from the Baby Jessica matter when the father's rights were disregarded."
"It sounds like a threat to me!"
"Gentlemen," Judge Victor interrupted. "Please don't get into a petit argument. It's not necessary. This is a fairly informal hearing, but my judgment will be binding. I want to begin by interviewing each of the birth parents to confirm their wishes. I do not want to be interrupted by their lawyers unless I ask for input. Is that clear?"
"Yes, your honor," Martin Gillespie answered.
"I'm not sure this is proper procedure," Susan's attorney grumbled.
"It was upheld in Clancy vs. Clancy' in 1989, and again in Rorem vs. Watts' in 2011," the judge explained. "Now may I begin?"
This time both lawyers nodded.
"Mrs. Cook, I will start with you."
"It's Ms. Warren, I took back my maiden name," Susan corrected.
"Very well, Ms. Warren, do you intend to raise your son or have any part in his life?"
"No, I don't. My fiancé doesn't have any interest in raising a child that isn't his, and I have no way of doing it as a single parent."
"So, you have no objection to allowing your ex husband rear him as he has requested?"
"I DO object because I've promised the baby to Amie and Troy Severs."
"But, Ms. Warren, you didn't have the sole right to do that, did you?"
"They took care of me when Devon didn't support me emotionally or give me any kind of financial help."
"According to the sworn testimony of your ex husband, you never let him know about the baby, so he had no knowledge that you needed any aid. Did you at any time contact him during your pregnancy?"
"It wasn't any of his business!"
"Ah, but it was. The baby is his child, as the DNA test proved. Mr. Gillespie has already referred to a famous case in which the father of a baby girl was kept in the dark. Fathers are supposed to have equal rights.
You didn't answer my question. Did you contact him?"
Susan looked at the floor and remained silent.
"Mr. Hunter, would you kindly remind your client that she will be in contempt of court unless she answers?"
"Susan, you need to give a yes or no response."
"NO!"
"Thank you, Ms. Warren.
Now Mr. Cook, is it your intent to raise this baby and do you feel you're up to the job?"
"Yes, sir. Admittedly, I don't know everything about babies, but I've been in crash-course mode to learn as much as I can. My father will come to stay initially and he has a lot of knowledge, having taken a very hands-on approach in my growing up from the day I was born."
"Devon knows NOTHING about children! He's not a fit person to bring up a child. These people are!" Susan interrupted loudly.
"Mr. Hunter, could you please counsel your client not to speak unless she is requested to? If she can't hold her tongue, she will be removed."
"Yes, your honor," the attorney responded and began to whisper to Susan.
"I see you want to say something, Mr. Gillespie. If it is pertinent at this moment, I'll allow you a few minutes."
"Your honor, because of the verbal threat Ms. Warren left on Mr. Cook's answering machine, I anticipated her attempt to discredit my client and have brought several character references from school officials and clergy. As you no doubt know, all licensed teachers have to go through rigorous background checks, and all have to take child psychology courses as well."
"Thank you.
Mr. Hunter, do you have anything to say at this time to counter Mr. Gillespie's position?"
"No, sir."
"We need to be represented too," Troy Severs insisted. "We paid for lots of medical expenses and kept Ms. Warren in our home during the last two months of her pregnancy after she had to stop working."
"Did you pay those expenses on the promise of being able to adopt the baby?"
"Well, uh, we were assured that we could have him."
"Since Ms. Warren wasn't acting as a surrogate for you, you either did this out of the kindness of your hearts or you are guilty of trying to purchase her baby. I assume that latter was not your intent.
To put it in current parlance, since it wasn't your sperm or your wife's egg, you literally have no skin in the game. You have no claim here; and therefore, you are not entitled to any representation.
We'll break for lunch now and reconvene at 1:30."
"All rise; this court is in recess," the bailiff intoned.
Susan stormed out, followed by the rest of the entourage, leaving the infant and his things on the bench where the Severs couple had been sitting. Devon rushed over to check on his son who had started to fuss. He picked him up carefully and held him to his chest.
"Sir, is there a microwave in the building where I may warm a bottle for my child?" he called to the retreating figure of the judge. "I see there's one in the bag."
"Certainly. You may use the one in the kitchenette attached to my office. Follow me. Did those people simply abandon the baby?"
"I'm not sure, you honor," Devon replied. "The lady looked quite distraught and her husband seemed to be trying to comfort her. Perhaps they just forgot."
"Emotional or not, that isn't the way parents should behave! If they don't return soon to check on his welfare, I'll have their fostering license revoked for neglect!"
It was a rather homey scene despite the ascetic furnishings consisting of a mahogany desk and leather chairs. Devon sat in the judge's office feeding the little being who was his flesh and blood. He marveled at the perfectly formed tiny fingers that were wrapped around his thumb at the moment.
His heart overflowed with love and emotion, especially when Jade came in 15 minutes later with sandwiches, and proceeded to feed one to him.
"Thanks!" he said. "I don't mind being waited on right now!"
"It's the least I could do. It's so cool to be able to do a little to pay you back. But honestly, I'd do it even if I didn't owe you so much."
"There is no reckoning of debt between kindred spirits," Devon said softly before their lips met for a quick kiss.
"May I take him while you finish eating?" Jade requested a few minutes later. "I want him to know me too."
"Yes, and thanks! Here's a towel to put over your shoulder in case he has a wet burp."
"Wet burps now and wet dreams in a few years," Jade joked as he walked around the room patting the infant's back. "He'll grow up before we know it. By the way, what's his name?"
"I'm not sure he has one yet, but I'd like to call him Jayden, if you agree, because it has letters from both of our names. If he already has a name, I can file for changes to his birth certificate. If possible, I'll leave her name off and replace it with yours."
"Is that done in the case of same-sex partners?"
"Lesbian couples have petitioned to have both of their names on a birth certificate. You know I always say `what's sauce for the goose is sauce for the gander.' We can certainly give it a try."
When the doors to the courtroom were opened for the hearing to resume, a tearful Amie and Troy rushed in looking for the baby.
"We've spent the whole time trying to get back in!" Troy insisted. "She thought I had Jimmy and I thought she had brought him out. We were in such a state when we left. After the judge's remarks that we have no rights, we both fell apart."
"I was a few doors down the hall most of the time," the bailiff said. "I didn't see anyone or hear any commotion. I don't understand how two people trying to comfort one another could space-off the very baby they were upset about losing."
"What's happened to him? Where is he?"
"He might have been taken into protective custody after being abandoned, but he's having lunch with his father. He seemed to be doing very well when I peeked in on them awhile ago."
"We don't stand a chance now," Troy lamented.
At that moment, Devon, Jade, and their legal team walked in. Devon held his son who was now very sleepy after getting his tummy full.
Attorney Hunter walked in alone to take his seat at the other table.
When Judge Victor entered, the bailiff did the formalities asking all to rise, and announcing that court was again in session.
"Mr. Hunter, where is your client?"
"She said that she had an appointment to get her hair and nails done before leaving for Greece tomorrow and she couldn't spare the time. Those are her words, not mine. I counseled her not to do it."
"How does she expect to comply with the ruling I am about to make, which is to sign the child over to his biological father? I guess my only choice is to have her passport pulled."
"Begging the court's indulgence, she signed a copy of the form that Mr. Gillespie passed around. She did it before a notary in one of the offices downstairs. Here it is. She also filled out a form giving permission to have the child's name changed to whatever Mr. Cook wishes."
"Please excuse me while I read these in the privacy of my chambers. When I have finished, I'll have both of you attorneys confer with me there."
The moments seemed like hours as Devon awaited the outcome. Things appeared to be going exactly as he had hoped, but he wouldn't relax until he had a copy of the ruling in his hand.
Jayden moved around a bit in his sleep, finally snuggling in with his nose in Devon's armpit.
"I hope he doesn't gag up his lunch because of my scent," Devon laughed. "I suspect my ultra powerful sports deodorant failed some time ago with the stress I'm under."
"He's bonding," Jade smiled. "I'll bet a mixture of that product and your natural scent will always be a comfort to him."
"I'll have to stock up in case they quit making it!" Devon chuckled.
Less than 10 minutes had passed since the attorneys were summoned to confer with Judge Victor. Now they all came back in.
"Please remain seated," the judge said. "I have reached my decision.
It is apparent by her actions and her signature that Ms. Warren has decided not to challenge her ex husband's claim to the child, currently named James Troy Warren. She has signed away her rights and has agreed never to contact him. In addition, she doesn't want to be contacted by Mr. Cook or the foster family, Amie and Troy Severs. The papers have been duly notarized and will be filed today. Unless there is further business to take up, this court is now adjourned."
"Please rise." The bailiff said one last time.
Several hugs were exchanged between Devon, Jade, and their legal representatives. Even after the ruling was final, Jade didn't take the chance of stirring up any controversy and refrained from kissing his boyfriend in public.
Amie Severs rushed out of the room immediately, but Troy remained behind.
"I'll miss the little guy," he said with emotion in his voice. "I'd like to hate you for taking him away, but I totally understand that you want to have your son. I'd do the same thing in your shoes."
"Thanks," Devon nodded in empathy. "May I reimburse you for the formula and carrier?"
"Thanks for the offer, but I can't take any money. It's a drop in the bucket compared to what Susan demanded."
"Did you pay her a lot?"
"It wasn't in the form of cash payments. While living in our home, she had to have gourmet meals and personal services like her nails done every week. Amie and I both waited on her hand and foot for the last couple of months."
"I was married to her and I can well imagine!" Devon snorted. "By the way, are there any special instructions about mixing his formula now that I've used up what was prepared?"
"No, it comes already mixed; just follow what's written on the packaging – like open, pour into bottle, warm, and serve. I put a list of things in the diaper bag that I thought you'd want to know. My cell number is there also. I had a bad feeling we wouldn't get to keep him."
"Thanks, that's all very thoughtful. Would you and your wife like to have pictures of him from time to time?"
"That's a kind offer, but I think for the sake of Amie's emotional health it would be better to make a clean break."
The two men exchanged a shoulder hug in the hallway by the elevator.
When Devon walked out the front door of the courthouse, Jade was at the curb with the car warmed up and idling so that their son wouldn't suffer any more discomfort from the cold than absolutely necessary.
Actually, the sun was shining and it was a rather pleasant day for December, but Jade had taken no chances.
"I'll drive and you can take a nap," he offered after both had double checked to make sure the car seat was properly anchored.
"I'll take you up on that. I'm emotionally drained!"
Jade had barely turned onto the bypass heading for the interstate before Devon was fast asleep.
Devon awoke with a start as he felt the car slowing down on the ramp of a rest area about halfway from home.
"Are you getting tired?" he asked of Jade.
"Nope, I want to check Jayden's diaper. It hasn't been changed since lunch and I'll bet it's sodden by now."
"I can do that," Devon offered.
"No, you rest. You're not awake enough to put it on the right end anyway," he joked.
When he returned to the car, Jade said he thought they should stop at a restaurant to have a snack and to get a bottle warmed. Jayden seemed to need more than the pacifier he was busily sucking on.
They got off at the next exit and found a little mom and pop's place called Edna's Café where the 60ish lady in charge (evidently Edna) was happy to honor their request.
Devon had just begun to feed the hungry infant when two highway patrol officers came over to the booth where they were sitting.
"Put your hands on the table and don't move!" the younger of the two demanded.
"I can't really do that and continue to feed my baby. What is the meaning of all of this?"
"A trucker at the rest area reported a suspicious looking man changing a baby in the restroom. A newborn girl was stolen from a local hospital a few hours ago. We have reason to believe you've kidnapped her."
"I have indisputable proof that this is my child," Devon smiled.
"Don't get smart with me!"
"I'm simply stating a fact. I have our DNA records as well as a judge's order.
Jade, could you get the papers from the trunk?"
"He fits the description the trucker gave so he's not going anywhere!"
"Officer, this is way over the top! I can give you another form of proof right now. You did say a baby girl was abducted, right? I'll undo Jayden's diaper and you can see for yourself."
Devon proceeded to unsnap the onesie and pull back the tape on one side of the diaper. Jayden's little penis promptly stood up and shot a stream toward the ceiling as the cooler air hit it. Jade grabbed his napkin to keep the urine from going everywhere.
"Okay," the young officer said. "You didn't need to expose him to prove your point. I guess we'll be going now."
"Not so fast!" Edna insisted. "You apologize to these men for your rude behavior, Milo. They should press charges."
"I was only doin' my duty as an officer of the law, Edna."
"Bull roar! You were being a pompous ass! That badge doesn't entitle you to bully people. And, if I'm not mistaken, it's a case of racial profiling. You were particularly impolite to this young man whose skin is a bit darker than yours. If they don't want to file a complaint, I just might do it myself!"
"Now Edna..."
"Don't you `now Edna' me! Either you make a sincere apology and promise me you'll straighten up, or I'll call your mother, and then I'll file a complaint! Now do it!"
"Okay, I guess I was a little heavy-handed," the young officer admitted.
"A little!" Edna scoffed.
"Okay, I guess I was really rude. Please don't report me; I promise I'll do better."
"Because I've often experienced discrimination due to my skin color, I'm used to it," Jade said. "However, the officers in my county don't operate like that. I may have to file a complaint, though I'm not looking to get you fired. I understand something of your attitude when dealing with a case of child abduction. I'd want the authorities to be hard-ass, but not overbearing, if it were our son who'd been taken.
My grandmother, Dyani, always says you catch more flies with honey than vinegar," Jade continued. "It might be good for you to take sensitivity training. You might find that not all half-breeds are necessarily criminals, just as not all Caucasian policemen are bullies either."
Milo swallowed hard and nodded before he left the café.
"You handed that very proficiently," Edna complimented Jade. "Milo isn't a bad sort. I think he'll be an asset to the highway patrol once he gets over himself. I know him well enough to believe your words may have reached him. If you'd have yelled and threatened, he would have shut them out."
"Thanks," Jade smiled. "If you'll bring our bill, I'll pay it so we can get on the road. I want us home before dark if possible."
"There is no bill," Edna insisted.
"Please, we owe you. You've not only served tasty food, but you stood up for us – me especially."
"Nothing doing, it's my treat."
Jade slipped a $10 tip under his plate when Edna wasn't looking.
Author's notes: Thanks to all who emailed since last posting. The list includes: David H, Walt S, Ott H, Paul F, Richard L, Tony W, Bob O, Mike Bill K (forgot last time), Wayne, Trish R, Jack T, Jim W, Lee B, Chas S, Zero M, Geoff, Desert D, Jim L, Jeremy R, Jim B, Tony F, Joe W, Derrick M, Don S and Ed O'.
Thanks Ed for drawing attention to a word which was incorrectly used in chapter 9. When people find typos and other problems, I appreciate knowing so I can correct the master copy.
If I miss listing your name, please let me know about that too.
I hope the weather is pleasant wherever you are. There is currently a brass monkey alert in Iowa and some surrounding states. Fortunately, I have an attached garage in which the temperature stays above 32F where I can store lawn ornaments.
David