by Max Hudson
“Yes,” Jenna spits.
“And it’s also safe to assume that this has perhaps adversely affected your children?”
“Objection,” Malone says, standing up. “Speculation.”
“I’m simply putting forth the idea that bringing in multiple men over the last three years has affected her children, as it’s been put forth in many studies.”
The judge nods. “Continue, Ms. Ling.”
Lucy nods and turns back to Jenna. “Now, you also stated earlier that the reason that you and Mr. Bauer filed for divorce was because you fell out of love, correct?”
Jenna nods stiffly.
“Answer aloud, please.”
“Yes.”
“This is true, according to my client. You did, indeed, fall out of love, and had been for several years before filing for divorce. However, you failed to mention one rather large, important detail in your statement earlier about what spurred the divorce. I mean, you carried on for years in a loveless marriage without divorcing. There is obviously a reason why suddenly my client decided divorce was the best option. Would you care to supply that reason?”
Jenna presses her lips together. Owen can faintly see the tendons standing out on her neck.
“No? Well, let me assist you. Ms. Hannigan failed to mention that she was unfaithful. Mr. Bauer caught her, in their own home, sleeping with another man while they were still married. I don’t know about you, Ms. Hannigan, but this indiscretion feels far more serious than Mr. Bauer dating another man, don’t you?”
“No,” Jenna spits.
“No? It was the tipping point in your marriage. Mr. Bauer filed for divorce shortly after this incident. Your infidelity was the catalyst for your family separating and possibly traumatizing your children, the youngest of which was only eight at the time. And though you accuse Mr. Bauer of breaking his covenant with God, you have as well. Infidelity is a sin, is it not? I believe that Exodus 20:14 states ‘Never commit adultery,’ and Proverbs 12:22 states that ‘Lying lips are an abomination to the LORD’. Am I correct in my quotes, Ms. Hannigan?”
“Yes,” she answers, her head starting to dip down.
“So, you’d agree, then, that you have committed egregious sins and created an unstable environment for your daughters?”
Jenna opens her mouth and closes it, staring at the table in front of her. “Yes,” she whispers.
Lucy smirks. “No further questions Your Honor.”
Though grateful that Lucy is a competent lawyer, Owen takes no pleasure in seeing Jenna railed like this. A pit begins to grow in his stomach, and he’s suddenly very grateful that his daughters are being kept far away from the proceedings here.
Jenna is released from the stands and Owen is called in her place. The back and forth continues between the two lawyers for what seems like an eternity, arguing which parent has created a more unstable and unwholesome environment for their daughters. For the most part, Owen tries to block it out, answering honestly but trying to distance himself as much as possible. Much of the same points are brought up again, against Owen this time. Jenna’s lawyer grills him about the intimacies of his relationship with Mason, even asking at one point if they’ve done drugs or had themselves tested. Thankfully, Lucy stood up at this point and objected and the judge ruled in her favor, stating that Malone was stigmatizing the situation. Owen barely felt the sting of his words, just feeling numb and empty up on the stands.
Hours later, emotionally drained, Owen is finally allowed to leave the courtroom and go home. Lucy tries to grab him and talk strategy for the following day, but Owen waves her off without a word. As he leaves the room, Mason snags his hand, not saying a word, and together they head home in weary silence.
Chapter Nineteen
The following day, Mason and Owen return to the courthouse and muddle their way through another day of answering questions. Jenna brings what feels like an army to testify on her behalf. Owen only has Mason. He recognizes all of her witnesses, each a part of their lives before the divorce. None of them are cruel toward him, simply making statements testifying to Jenna’s fitness as a mother, but Owen’s stomach still twists listening to his chances of winning the case dwindle. They paint a rather good picture of Jenna’s motherhood, and each downplay the amount of men that Jenna has had relationships with since the divorce. One of her witnesses is a psychologist and has to admit that while it probably hasn’t destroyed the girls’ psyches, it probably hasn’t been good for them. Owen rolls his eyes, thinking that Jenna had been rather stupid for allowing her psychologist friend to get up under oath to talk in court.
Mason is eventually called to the stands, and he gives a good testimony, but Jenna’s lawyer uses his relationship with Owen against him. He’s only known Owen for a few months and is the reason that they’re in court today. Malone digs at Mason, diving into past relationships and his sudden move and his “impulsivity” in deciding to date Owen when it’s uncovered that he’d never dated a man as well. Mason stays calm and collected on the stand, keeping a relaxed smile on his lips, but when he’s finally allowed to come down he shoots Owen a look, and Owen can see that he’s tired, drained, and hurt.
They spend that evening at Owen’s house in the quiet, Owen curling up on his side with his head in Mason’s lap as tears leak from his eyes. He’d accepted that he was going to lose. Though the testimonies from everyone, Jenna and Owen included, were fairly equal in positive and negative aspects, Owen can’t shake the knowledge that mothers are granted full custody more often than fathers, simply for being a mother. There is nothing he can do to change that. He has done everything he can, and it’ll now be up to the girls and the judge to make a decision. A few days earlier, he’d sat the girls down to talk about their interviews with the judge.
“Tomorrow, the judge is going to talk to each of you privately and ask you what you want to do, how you feel. I want you to tell the truth,” Owen says, looking each of them in the eye. “It doesn’t matter what I, your mother, or your other sisters want. You need to tell the judge how you feel, regardless of how anyone else feels.”
Rebecca’s eyes fill with tears. “But Dad—”
He shakes his head. “I know, sweetie. It sucks. Your mother and I love you girls so much, and we both want to have custody of you all. You guys are my whole world, and, yes, I’d be very sad to lose you. But if you think you’d be happier with just your mom, I need you to tell the judge that, okay?”
“I don’t want to choose,” Grace murmurs, grabbing Owen’s hand and gripping it tightly.
Owen clears his throat, fighting back tears. “I know. I know. But the judge is going to ask you to. So, think through it tonight, all of you. And tomorrow, tell the judge how you really feel. You won’t hurt my feelings if you say you would rather stay with your mom. She’s a wonderful mother.”
“But you’re a wonderful dad,” Rebecca wails, grabbing Owen’s arm and shoving her face into the crook of his neck, sobs wracking her little body. Owen pulls her and the other two in close, squeezing them tightly.
“Tell them how you feel,” he whispers. “If you’re sure one way or the other, tell them. If you’re confused, tell them. Just be open and answer any questions you’re asked as honestly as possible.” He holds them closely. “I love you girls. So, so much.”
A chorus of “I love you, too” ensues, and they continue to hug for a while, no one wanting to let go. Soon, though, a knock sounds at the door, and Owen stands up to get it. Jenna stands on the other side, pointedly looking away from him and toward the girls.
“Let’s go,” she says, waving them toward the door.
The two younger girls throw themselves at their dad’s waist, burying their heads in his abdomen before letting go and trudging through the door. Faith throws her arms around his neck, giving him a tight squeeze and a sad smile before following the younger girls. As soon as Faith is clear, Jenna turns on her heel and struts toward her car without another word. Sighing, Owen shuts the door and goes to th
e couch, waiting for Mason to arrive.
The last day of the trial comes too soon, and Owen and Mason head to the courthouse for the final time. They pull up to the building and sit for a moment, neither eager to head inside. Owen reaches out for Mason, taking his hand and entwining their fingers.
“I’m so scared,” Owen breathes, his chest tight and heart racing.
Mason says nothing, just squeezing Owen’s hand tightly.
There’s nothing left that either of them can do except wait. Taking a deep breath, Owen lets go of Mason’s hand and gets out of the car.
It doesn’t take long for them to be ushered into the courtroom, and everyone takes their seat. As it was on the first day, the room is empty aside from Mason sitting directly behind Owen. The girls were again with their grandmother, and Owen hopes they don’t end up waiting for them at the courthouse later in the day. Whether it’s he or Jenna that loses custody, they’ll need a moment to collect themselves before seeing their daughters.
Everyone stands as the judge comes into the room, and the proceedings begin. The two lawyers give their opening statements, but Owen doesn’t hear them. All he can hear is a ringing in his ears, a buzz as loud as an orchestra in his head. Only when a television is rolled in on a rickety cart does the din go quiet. The screen is turned on and Rebecca’s young face is the first to appear. For the most part, she looks relaxed and content, which eases Owen’s heart a bit.
The judge, off-camera, begins by asking her a few ice-breaker questions about school and friends and such. Soon, though, she starts to delve deeper.
“Your parents are divorced, right?” the judge asks.
Rebecca nods.
“That must be hard, not being able to see both of them all of the time.”
She shrugs. “It’s not so bad. I get to see both of them during the week, so it doesn’t bother me too much. I don’t remember them not being divorced too good. Some of my friends’ parents are divorced, too, so we can all talk about it when we need to.”
“Good, good,” the judge murmurs. “Rebecca, do you understand why we’re talking today?”
Rebecca’s eyes shift away from the judge. “Yes.”
“Can you tell me, please?”
“My mom and dad both want to have us all for all the time, not just some of the time.”
“How do you feel about it?”
Her eyes fill with tears, and Owen’s heart twists. “I don’t like it. I don’t want to pick one of them. I love them both. I want to see them.” She sniffles, wiping her nose with the sleeve of her shirt.
“I know, honey, it’s hard. Has your dad been acting different lately?”
Her brows furrow. “What do you mean?”
“Just any differently than normal.”
“No,” Rebecca says, confusion coloring her voice. “He’s just my dad.”
“You know he’s dating someone, right?”
She smiles. “Yeah, Mason. I haven’t met him yet, but Dad smiles when he talks about him and that makes me happy.”
“And your dad seeing Mason hasn’t affected you at all? Hasn’t made your dad act any differently with you and your sisters?”
She shakes her head. “No. He makes us dinner, helps with homework, tucks me in. He’s the same.”
“Thank you, honey.”
A few more questions are asked, the judge keeping young Rebecca at ease, before the interview ends.
The screen is static for a moment before Grace’s face appears. The judge runs through similar questions with her, making her comfortable before getting into the details of the case. She answers similarly to Rebecca when asked if Owen’s behavior had changed, though she’d picked up more on the nervous phone calls he would sometimes take or make while they were there.
“How do you feel about your dad seeing a man?”
Grace shrugs. “Whatever floats his boat. I’m okay with it. But I want to meet this guy, make sure he’s good enough for my dad.”
Owen chuckles, his heart melting.
“And how do you feel about why we’re talking today? About your parents wanting sole custody of you all?”
Grace frowns. “I don’t like it.”
“Why’s that?”
“I don’t want to pick. It isn’t fair.” She crosses her arms and looks away, but Owen can tell from the way she’s clenching her jaw that she’s trying not to cry.
“You’re right. It isn’t fair. But it’s happening, and I’d like to hear your opinion on the whole thing. Is there one parent you’d prefer to have custody?”
“No! I want to see them both! I’m just… I hate this!”
“You sound angry, Grace.”
“I am! I’m mad at them, mad at Mom for thinking Dad isn’t a good parent, mad at Dad for making her think that. I don’t want to only live with one of them. I love them both.”
“Do you want to be with one of them more than the other?”
Grace pauses, and Owen’s heart skips a beat. “No. I mean, I don’t like the way that my mom has been acting about Dad dating Mason.”
“Why’s that?”
She shifts in her seat. “It makes me uncomfortable. She doesn’t act like my mom when she talks about it.” Grace looks away for a moment. “But that doesn’t mean I don’t want to be with her. She’s my mom.”
The interview continues for a few moments, mostly consisting of the judge calming Grace down, before the screen turns to static again and Faith’s face pops up on the screen. Fewer pleasantries are touched on this time, and the judge takes fewer precautions in the way she phrases questions.
“Do you think your father is unfit to raise you and your sisters?”
“No, not at all. He hasn’t dated anyone since they got divorced, and I think that this is good for him. It doesn’t matter to me if that person is a man or a woman. My dad says he loves this guy, and that’s good enough for me.”
“He hasn’t behaved differently since starting to date Mason?”
Faith shakes her head. “No. I mean, little things. He seemed a little secretive, but I understand now why he was. He does things like blushing when he gets a phone call and just seeming happier sometimes, but those are good things. And normal things, for someone who’s falling in love. Right?”
“Right indeed, Faith,” the judge chuckles. “Now, I’m going to ask you this bluntly and I’m sorry for that, but it needs to be answered. Do you think it’s better for your mother or your father to have sole custody of you and your sisters?”
Faith is quiet for a moment. “I don’t know. They’re both great parents. It’ll hurt either way, for us and for them. And I love them both.”
“How do you feel about being here today?”
“Honestly, angry.”
“Angry at who?”
“My mom, mostly. She’s the only one who has an issue with Dad dating a guy, and I don’t understand why she’s so upset about it.” She pauses, looking down at her hands. “I’ve never seen her act so hatefully toward someone before.”
“What about your dad?”
“I am kind of mad at him but not for being here. I’m madder at him for not telling me, that he was scared to tell me. I’m not angry that he’s dating Mason, just that he thought he had to hide it from me.”
“You really don’t think one parent would fare better with sole custody than the other?”
She shrugs, her eyes looking wet even through the screen. “I’m not sure. I mean, maybe, but I don’t know who that is. I’m just—” She stops abruptly, pressing her lips together.
“It’s okay, honey. This is a safe place, and you can tell me whatever you’re feeling.”
She takes a deep breath. “I’m just scared that if my mom got custody I’d never see my dad. That my sisters would never see their dad. He’s a great dad, and I don’t think that’s fair to any of us to never see him.”
“You don’t think your father wouldn’t let you see your mom?”
“No, I really don’t. I mean, he’s proba
bly angry at her right now, and he has every right to be. But I think he’d let us see her, if we wanted to.”
“Thank you, Faith.”
The video cuts out, and the television goes dark. The two lawyers make their closing statements, and the judge is quiet for a long, tense moment. Owen can hear the blood pounding in his ears.
“I’ve had time to mull over the information presented to me over the last three days. This wasn’t an easy decision, nor was it one that I feel is perfect, though, in this situation, no answer was going to be perfect. But, ultimately, I made the decision that I believe will benefit your daughters the most. It’s them, after all, who are at stake here.” She takes a deep breath. “So, I hereby grant full custody of Faith, Grace and Rebecca Bauer to their father, Owen Bauer.”
The room around Owen shrinks until the judge is a small dot, seemingly far away. She continues to talk for a moment, smacking her gavel on the desk, but Owen can no longer hear her. He turns numbly to Lucy, who’s smiling and grasping his hand and talking as well. It’s not until Mason hugs him from behind that Owen snaps back into focus.
“They’re yours,” he whispers, squeezing Owen tightly.
The reality of what has happened finally hits Owen, and he smiles, grabbing Mason’s hand and kissing it. Happiness spikes through him until he glances over at Jenna, who is sitting, mouth agape, at the table without moving.
Part of him feels a fierce triumph over her. This part of him wants to rub it in her face that this move of hers had backfired so horribly for her. He wants to make her hurt, wants to make her feel as betrayed and terrified as he had. He wants to go over there and snap at her, tell her she’ll never see her daughters again if it’s the last thing he ever does. And this part of him wouldn’t blink an eye at doing so.
But another part of him, a much larger part, thinks back to what his girls—every single one of them—had said in their statements. Not one of them had chosen him over Jenna. Each had been torn, not wanting to choose a side and stating that they love both of their parents. It would kill them to not be able to see their mother. And Faith—Faith, who holds him in such high regards that she stated outright that she was sure that he’d be a grown up about this and let them see their mother because it would be what they wanted. He could never let her down, never betray that much loyalty and faith in him. Sighing, he realizes what he has to do.