Chapter Thirty-Eight

ETHAN

I step up to deliver my testimony, looking around the courtroom. Lara’s set me up really well for what I have to say to the judge. Assuming that she’s as receptive as she seems, I think the chances are good for us to get what we want, and, legally at least, settle things once and for all.

“I assume that you agree with Ms. Hampstead on the facts of the case, and in the argument that it’s best to stick with the plans and provisions made by your late wife in her will,” the judge says, once I’m settled in my place.

“Absolutely, Your Honor. Lara and I have talked about this in detail, and we’ve been agreement on this for a long time, since before our parents made their filings,” I say.

“Can you provide me with your input on the arguments made by the grandparents?”

I nod again.

“I can. As much as I love my parents, I have to disagree with them that I should have sole custody of my daughter. If Lara wasn’t around, and hadn’t already proved herself as a capable and loving guardian, I might agree, but that’s not the case,” I say.

“I think the court records can reflect that no one here disputes that Lara has done very well in her capacity as Riley’s guardian,” the judge says, looking at my parents, who I watch. They nod reluctantly, conceding the point.

“Obviously the big issue at hand is that as things stand right now, Riley has to move around a lot. She spends certain days out of the week with me, and certain days with Lara,” I point out.

“That does seem to be one of the main, agreed-upon areas of contention,” the judge agrees.

“But if the court thinks that it’s a problem for who to spend different days in different homes, then joint-custody agreements for divorced couples wouldn’t make sense,” I finish.

“Of course, in those instances, the parents are separating, and it’s been agreed by experts that joint custody is better than sole custody for parents who have equally strong relationships with their children,” my parents’ lawyer pipes up.

“But you would still have to agree, I think, that if it is a problem for kids to spend different days in different locations with their parents, that the whole convention of joint custody is a bad idea, right?”

The judge smiles slightly. “Of course, that is something that the court would have to concede. And in this instance, you are absolutely right that there’s no proof that spending time in separate homes is not, on its own, bad, as long as parents cooperate, and schooling is not disrupted,” the judge says.

“So, the whole theory that both our parents’ arguments relies on is flawed,” I say.

“I sense that you’re not finished with that point,” the judge counters.

I grin. I can’t help myself. “I’m not, you’re right about that,” I say.

“Continue, then,” the judge says.

“Out of an excess of concern for Riley’s scheduling and her lifestyle, Lara and I have come to an agreement that we will move in together, to provide her with a single home to live in with the two of us,” I tell her. In telling her, I’m also telling my parents and Lara’s dad, who we hadn’t even given any warning at all of our idea.

“So, the two of you will be cohabitating? This is interesting indeed,” the judge says, after the silence goes on in the room for a few minutes.

“We have agreed to move in together starting at the first of the year,” I confirm.

“Is this true?” the judge asks, looking at Lara.

“It is, Your Honor. We both have enough income to put into a shared home, separate from where Ethan currently lives. Of course, we have some concerns about moving Riley, but we agreed that it would be better to get a fresh start, all of us together, than for one of us to move in with the other at their home,” she says.

“That seems like a very important, and very significant step,” the judge says slowly. The rest of the courtroom is just short of being silent, and I’m just standing there, waiting for something to happen.

“Is there anything else you need from us, Your Honor?” I hope against hope that she isn’t going to question the plan too hard. Lara and I are, actually, planning on moving in together, but we don’t want to talk to anyone really about the other reasons, beyond providing Riley with one unified household.

“No, I believe we’ll take a brief recess, and I’ll see if I can come to a ruling on this,” the judge says, looking at all of us in turn. I go back to my seat and the court officer makes us all stand for the judge’s departure from the room, and then dismisses us for a recess.

“What do you think?” I ask Lara.

Riley is occupied with one of her toys, jabbering to it with a mixture of words and non-words, so I feel like it might be safe to talk to Lara about the case.

“I think we shocked all of them,” she says with a slight smile.

“Do you think it’ll work?” I look over at where my parents are standing around, waiting like we all are.

“I think that we made the best possible case, and I really doubt the judge is going to just agree with either your parents or my dad,” Lara says.

I think about it for a moment or two and I have to admit that if the judge is really looking out for Riley’s best interests, she’s not going to go with either of their ideas.

“Everyone back in the courtroom, the judge is about to deliver her ruling,” the court officer says after maybe fifteen minutes.

We all pile back into the courtroom, and I sit down with my daughter, trying not to feel nervous about the situation. Lara and I have both done everything we could, and I can’t imagine the judge giving me sole custody of my daughter, and even if she did, it isn’t like it would change things, at least that much, between me and Lara. I really can’t imagine her agreeing with Nathan’s argument, which would be the most difficult situation to get through. But I don’t know who this judge is, or how much sense she’s got.

“I would like to say that in fifteen years of overseeing custodial arguments, I have seen a lot of ridiculousness,” the judge starts out.

I look at Lara and we can’t help but both smile at that kind of an opening. It’s pretty promising.

“I understand why the argument has arisen. There are obviously deep-seated family issues going on in this case that are hard to ignore, and that need a much longer time to resolve than this court has at its present disposal,” the judge continues.

“That doesn’t sound quite as promising,” Lara murmurs to me, and I shrug. The judge isn’t saying anything that’s really untrue about the situation, after all, but I have to think that she’s not going to use the ‘deep-seated issues’ that exist to give Riley to Nathan.

“At the end of the day, it is this court’s decision that the best option of all is to follow the deceased parent’s wishes, particularly when those tasked with carrying them out have been so assiduous in putting aside their own issues, and in cooperating with each other to create the best possible environment for the child, Riley. I would like to warn all three grandparents against the expedient of attempting to get the court to intervene in the future in a similar way. Your arguments against the custodial parents are laughable, and betray both your biases, which no judge in his or her right mind would pay even the slightest attention to. You three will, I hope, not make yourselves nuisances in family court.”

The judge dismisses us all, and for a few moments all we can do is just sit there and appreciate the fact that everything actually worked out in our favor.

“Are you actually going to move in with him, Lara?”

I look up to see Nathan standing at the aisle between the groups of chairs, looking at his daughter.

“I am. And until you’re ready to accept that Ethan is going to continue to be Riley’s father, period, you’re not welcome in any of our lives,” Lara says firmly.

“I’m sorry you feel that way,” her dad says, his shoulders sag and he walks away looking sad. My parents barely say anything to us as they walk away, and after a moment or two it’s just the three of us sitting there in the courtroom.

“You’re sure about this?” I look at Lara for a long moment and she nods.

“I’m sure,” she tells me. And I think, I hope, that Alexis, wherever she is, approves.