“That is a very interesting testimony,” the judge says, and I can hear that she’s as doubtful as I’ve ever been about what Dad has to say.
She moves onto Ethan’s parents, and his mom takes the lead there, and once again the three of us, Ethan, me and Riley, have to sit still through what she has to say. Yet again we all hear the lines drawn in the sand — Ethan is Riley’s father, and a good and dedicated father to her, so shouldn’t lose custody and instead should have full custody.
“There are two other people who I think need to weigh in on this,” the judge says finally. I sit up, getting ready to do my bit. Ethan and I talked about what we would say, and what we would do to prepare for this court appearance. I’m as ready as I will ever be for what we need to do. She calls me up first and I give Riley a quick kiss before walking to the front of the courtroom, to speak my peace.
“Thank you, Your Honor, for asking me to speak,” I say. My heart is pounding in my chest as I take another quick breath and try to keep my thoughts together.
“Do you agree with your father’s assertion that Riley would be better suited to stay with yourself and him? Or do you agree with her other grandparents that her father should have sole custody?”
I shake my head.
“Neither, Your Honor. I don’t agree with any of Riley’s grandparents on this issue, and I think that my deceased sister’s wishes are in my niece’s best interests,” I say.
“Please explain,” the judge says, though I can see the flicker of a smile on her face. The few people watching the proceedings seem pretty shocked.
“Currently, Riley has no unsupervised days, and we have managed between the two of us, to work out a schedule that allows her to spend plenty of time with each of us, without having to rely on daycare, which we feel she is still too young to attend. We’re both in positions to accommodate her needs for care and support while both of us work full-time,” I explain.
The real, big announcement is still looming in my head, but I know I have to let that come later on, so instead I tell the judge about the ways that Ethan and I have worked together to make sure of Riley’s care, and to give her ample time with both of us. I don’t go into our history together, that’s beside the point.
“Thank you for your testimony,” the judge says when I’m done. “I’d like to hear from Riley’s father as well on this score, just in the interests of getting all the voices needed.”
I sit down and take Riley from Ethan as he goes up to do his part.
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
