My Two Husbands

by Yari Martinez

  “You’re right, but as soon as he found out, he forgot why you’re here in the first place. Now he leaves because you tell him. Please, if he really cared, nothing you said would have made him leave. He’s hiding something.”

  Maybe another time I would have entertained her words, but I have too many things on my mind to worry about vague doubts. “Can we just drop this for now? I’m really not feeling up to defending him or hearing theories,” I say.

  Diane is easily hurt, but this is not about her. All I want is her support, nothing else. She sits in her chair and doesn’t say anything else to me. I don’t mind—I need a moment for myself.

  I have no idea how much time passes, but I feel as if I have slept for hours. When I open my eyes, Diane is still sitting there reading a book, but she immediately notices I’m awake and puts her book down and walks up to me. “Hey! You want water or anything?” she asks. “How’re you feeling?”

  “Okay. Just a little groggy, but okay.” I sit up, but it takes more energy than I expected. “I’ll have some water. Did the doctor return?” I ask.

  “He did. So did the nurse. But when they saw you sleeping, they said to let you rest and to call them as soon as you wake up.”

  I drink the water, and brush my hair down a little and apply some Chap-Stick.

  I can sense Diane is not happy with me, but she says nothing as she waits for me to be ready for the doctor. As soon as she sees I’m comfortable, she calls for the doctor.

  Dr. Brady walks into the room with the nurse, who is studying her clipboard intently and has all her supplies ready to use in a pushing cart.

  “Ms. York, how’re you feeling?” asks the doctor.

  “As good as can be.”

  “Well you look a little better. I’m happy you got to rest, you needed it. This is Nurse Walls. She’ll be taking some blood samples from you and will also start an IV to keep you hydrated. If you have any questions, you can ask her. I’ll return once your results are in and review them with you. We’ll take it from there. Is there anything you need before I go?”

  “No, I think you covered it all. Thanks.”

  “Okay then. I’ll see you later.” He pauses at the door as if he wants to say something else, but he gives me a faint smile and walks out. I would have preferred him to stay and take the samples himself, but it would have been stupid to ask, especially when that was the point of his coming in with the nurse.

  Nurse Walls couldn’t be more efficient. Within minutes, she is done preparing my IV and fixing my bed. She also makes sure I have fresh water, ice, and weird fluffy socks. She even brings me extra sheets in case I need them later.

  “Brook, you’re not going to believe this!” exclaims Julie as soon as she enters the room. The news must be good, because she doesn’t wait to sit down first or even take a breath in between words. “Guess who was there while I was petitioning for an order of protection?”

  It has to be Hunter, because we don’t know anyone else in common. “Hunter.”

  She snaps her fingers and points her index finger at me as if I’ve won a prize. “Exactly! He was at court attempting to get an order of protection against you. The nerve! Anyway, I called over a court officer and told him everything that happened. Guess what, they arrested him! The only thing is I wasn’t able to find out is where Kaylee is, but I was able to get the order of protection and he got served with it and until the court date he can’t have any contact with you or Kaylee. The judge decided that he can’t be around a child if he’s beating you and leaving you in your house for dead.”

  “Arrested?” My God! This is going to crush Kaylee. And he is going to destroy me.

  Chapter 12

  “Good morning everyone. I’m Judge Paine.” Says the Judge, an owl-like woman with thick glasses. “We are here in family court to address the matter of York vs. Payton concerning the custody of Kaylee Payton. Prior to commencing the proceedings, I need the plaintiff to clearly state her name for the record followed by the plaintiff’s attorney.”

  I wonder what is going through the Judge’s mind as she shuffles through our paperwork. It’s scary to hear her reciting words at us while her attention is on something else. Granted, she is looking down at our papers, but is she really focusing on the petition? Or is she thinking about her lunch.

  I have to believe that everything is going to be fine. My nerves are getting the best of me, and my sweat glands are not helping, I’m drenched like a three-hundred-pound brute.

  “Brook York,” I say.

  I cross my fingers and look over to Julie. I wonder if she has noticed that I don’t have it all together, but she gives me no indication that she is aware that I’m on edge.

  “I am the attorney for the plaintiff, Ms. Brook York. My name is Julie Gallagher,” she states calmly.

  “Let the records show that the plaintiff and her attorney have stated their names. Before we continue, I need the defendant to clearly state his name for the record, followed by the defendant’s attorney.”

  “Hunter Payton.” He doesn't appear to be nervous or remorseful for what happened, and I hate him for it. How can he stand there feeling nothing? I’m the mother of his child! Anyone in their right mind would think that stands for something. Clearly, he’s an animal for not caring how this could affect our daughter. How the hell does he have a female lawyer? Doesn’t she care that her client is beating women and leaving them for dead? She should be ashamed and disgusted with herself.

  “And I’m the attorney for the defendant. My name is Brenda Russell.”

  “Let the records show that the defendant and his attorney have stated their names. Now let us continue,” says Judge Paine.

  Years of marriage mean nothing, a daughter between two people signifies nothing. If it did, we wouldn’t be here today. How are we going to allow a judge to decide Kaylee’s fate and who raises her?

  I remember how this man loved me. Once upon a time. And now we can’t even be civilized enough to come to an agreement without the legal system being involved. I would have thought the beatings I put up with for so long would grant me some type of respect from him.

  The judge appears to be catching up on her notes. Finally, she takes off her glasses and looks at us, and in the coldest voice I have ever heard, says, “It is unfortunate that in today’s world I have to read about domestic violence during a custody battle. It is also unfortunate that a child has to mediate between her parents. Reviewing the paperwork, Ms. Russell, I see your client has been arrested recently for assaulting Ms. York. An order of protection has been put into place naming Mr. Hunter Payton as the defendant and protecting both Ms. York and their daughter Kaylee Payton. You know that your client may not continue holding custody of the child or be granted visitation with the child until he proves he has taken parenting classes or until the child is removed from the order of protection. Also, it goes without saying that when visitation is granted, the first few visits will have to be supervised.”

  “Your Honor, my client was arrested for assaulting Ms. York, not for assaulting his daughter Kaylee Payton. He hasn’t been proven guilty in a court of law,” says Russell.

  “Of course he hasn’t been proven guilty or not guilty, Ms. Russell, because the trial has not commenced. I am more than aware of that facts, however. This is not something to be taken lightly, especially when there is an order of protection in place involving a child,” counters the Judge.

  “We would like to file a motion to have the order of protection amended to avoid my client losing custody of his child,” says Russell.

  “Have you already filed a motion to have the order amended?” asks the judge.

  “Not yet, Your Honor.”

  “Well, until you file the motion and it’s heard in court by the judge who issued the order of protection, I will have to make my decision based on the facts that have been presented to me today, until then—”

  “Your Honor,” interrupts Hunter’s lawyer, “there’s a custody/visitation order in
place that demonstrates that Ms. York lost custody of the child. Honestly, she should not be granted custody based on mere lies.”

  “Ms. Russell, let me make something clear to you,” says the judge sternly, “this is my court room, and you will not interrupt me when I am speaking. Are we clear?” We all sit up straighter.

  “Yes, your Honor. My apologies.”

  “Now to address your concern. I see Ms. York did lose custody of the child during her divorce settlement from your client to avoid Miss Kaylee Payton experiencing drastic change during their divorce or after the divorce. Also, Mr. Payton was able to afford the child more hours of parenting time. Ms. York did not lose custody for being an unfit parent. However, it goes without saying that the custody of a child is not to be treated as a piece on a chess board. Your client Mr. Payton was not allowing Ms. York to speak to the child, which affected her parenting time. Now to make matters worse, when Ms. York files a petition for custody, your client gets arrested for assaulting her because she made a legal request! Now there’s an order of protection in place. Therefore, I will be making my ruling based on the facts I have mentioned. Now, Ms. York. I see on the prior custody order that the grounds for your divorce was adultery. Are you still involved in a relationship with Mr. Cole?”

  I feel like throwing up. When will I stop being haunted by my decision to be with Dominic?

  “Yes your Honor. I am still in a relationship with Mr. Cole.”

  Julie raises her hand like a school girl, “Your Honor, may I please add that Ms. York has followed the prior order without any faults, and she was left with no alternative but to file for custody of Kaylee Payton because of Mr. Payton was refusing to follow the order as written clearly, mocking the court room and its decision. When my client decided to file a petition for custody, she was physically assaulted. I sincerely do not believe her relationship with Mr. Cole should affect her getting custody of Kaylee Payton,” says Julie.

  Hearing her talk in my favor is a relief. Defending myself would have been a mistake, because I can’t control the million thoughts going through my mind. I can’t even control this shaking, I feel I’m falling apart.

  “Her relationship status will not affect her ability to obtain full custody of Miss Payton. However, I must take the child’s well-being into consideration prior to granting full custody and set up some ground rules.”

  “Your Honor, if I may?” interjects Russell.

  “You may.”

  “My client does not believe Mr. Cole should be introduced to the child until a final decision has been made in this court about custody. This change in custody will already be traumatic for the child. Introducing another man at the current moment will only worsen the effect of these changes.”

  “Fair enough. So this is what is going to happen. Ms. Russell, by when will you file your client’s motion to remove the child from the order of protection?”

  “Today, Your Honor.”

  The judge focuses on the documents in front of her and jots down some notes. I wonder what she’s writing. Without looking up, she continues, “With that said, full custody of Kaylee Payton will be granted to Ms. York. The child is to be given to the mother immediately. Where is the child at the present moment?”

  “She is at school,” responds Russell.

  “Ms. York, you will pick up the child today from school. There will be no visitation scheduled with Mr. Payton until we return to court for the next hearing. Ms. York, do you reside with Mr. Cole?”

  “No Your Honor,” I answer.

  “Has the child been introduced to Mr. Cole since your divorce was finalized?” she asks.

  “No Your Honor,” I repeat, and thank God that is not a lie. I haven’t reached the point of comfort to introduce Dominic to Kaylee. Although we’re engaged, I sincerely do not believe he is one hundred percent in love with me, even though I wish he were. That would make everything much less complicated.

  “In the best interest of the child, Ms. York, I am going to order that you do not to introduce a paramour to Kaylee Payton. We will revisit my decision during our next court session. Also, on the next scheduled court date, the child is to be brought to the hearing, where I will assign her a legal guardian and meet her in my chambers. Mr. Payton, you are mandated to take a parenting class. I want a certificate of completion by the next scheduled court date, regardless of the outcome of your motion to amend the order of protection. I will have your attorney provided with a list of locations where you may complete your parenting course. Keep in mind that you are to follow the order of protection that is in place until further notice. Now, Ms. Russell, I am taking your word for it that a motion will be filed today. I will reach out to the judge who issued the order of protection to request a court date to be issued prior to our next scheduled court date here, which will be four weeks from today, on Tuesday, May 3rd, 2016 at 9:00 a.m. Are there any further questions, comments or concerns?” asks the judge.

  “Actually, Your Honor,” says Julie, “I would like to request that both parties be provided with a hard copy of your temporary decision for custody and visitation to avoid any confusion between my client and the defendant.”

  “Of course Ms. Gallagher,” says the judge, still taking down notes. “Plaintiff and defendant, along with their attorneys, are to stay in the waiting area outside this courtroom. A copy will be provided within approximately twenty minutes. I here now sign and verify that both parties have been advised of the temporary order in place, and that I personally have served both parties with such an order. Ms. Russell, do you have any questions, comments or concerns?”

  “No, Your Honor. That will be all, thank you,” says Russell.

  “Court is adjourned. We will commence once again on Tuesday, May 3rd, 2016 at 9:00 a.m.,” concludes Judge Paine.

  I still haven’t processed all that has happened when the Court Officer calls out the next case: “Steven vs. Steven’s.” I rush out of the courtroom with little time for emotions.

  I see a fountain and drink from it without thinking. I wonder how many people have taken a drink from it today. I wipe my mouth with the back of my hand, hoping that is good enough to kill any germs I might have just made contact with.

  “Hey! Are you okay?” asks Julie.

  “I think so.”

  “You should be okay. This hearing went well, and it is a step closer to obtaining permanent full custody of Kaylee,” she says.

  “What if I’m making a mistake? What if Kaylee doesn’t want to live with me?”

  “How about you take a deep breath and take it day by day. Let Kaylee herself show you what is best for her. She can’t make grown-up decisions, but she can show you how she needs the care, love and affection you can give her. Plus, you aren’t alone. I’m here to help you. So breathe.”

  I guess she is right, but what if she really doesn’t want to be with me?

  What seems like an eternity as we wait for a copy of the judge’s decision is just about fifteen minutes. Hunter uses every single second to stare me down, reminding me that I am not out of the woods. Not even close.

  Chapter 13

  “Why did you agree to the temporary custody visitation order? Why didn’t your lawyer object?” asks Dominic.

  Lately, Dominic finds fault with everything. I wouldn’t have told him the outcome of the hearing, but I didn’t have a choice. Now that I’m pregnant, he claims he needs to visit more. Earlier, I could count in a month how often Dominic visited and spent the night here with me. Trust me, it wasn’t often. But now that he has been told that to stay away for four weeks, he’s behaving as if he is always here. I don’t know what makes him think I should have objected to the temporary order if it gives me what I want.

  “Hello!” he shouts, when I don’t say anything, slamming down his cup on the counter. This kitchen has never felt as small. I always thought it was big enough to accommodate all my cooking, but I clearly underestimated the space required for arguments.

  How dare he question any o
f my decisions pertaining to Kaylee? Who the hell does he think he is? I never found him worthy of meeting her or of being a part of her everyday life. What has he ever done for us?

  I grab the cup from the counter top and unconsciously throw it at Dominic. But he moves out of the way, and it hits my beautifully painted kestrel white wall and shatters. I will be sweeping and mopping for days now.

  I walk up to him. He doesn’t move. He stares into my eyes and I stare into his. “Why the hell are you acting as if you care? All of a sudden you’re stepfather of the year? The judge gave her orders; there was nothing to object to. I wouldn’t have objected even given a chance. Tell me, what don’t you agree with?”

  “I don’t agree to the decision that I can’t be around when Kaylee is around! Who is this judge to decide who can or can’t be in this house? You’re pregnant with my child! And now I can’t be around?” His voice sounds as cold as a winter night, but I am unfazed by his tone.

  “Stop it, this is not about you. This is about Kaylee and having her best interests at heart. We made this difficult with the way we started this relationship. Everyone has been affected one way or another, and we now have to deal with the consequences of our actions. Whether it was justified or not, we had an affair and that’s the truth. I don’t blame you for my actions, but I refuse to stand here and justify to you why I’m doing what I’m doing for my daughter. You had no objections about me leaving my family to follow you, you had nothing to say when a judge ordered me to relinquish custody of my baby. You will not have any objections to me getting her back. Are we clear? We don’t live together yet. Asking you to stay away while Kaylee is here isn’t asking for too much, because you’re barely ever here to begin with. My pregnancy is in its initial stages. You will not use it as an excuse to force me to choose you over Kaylee.”

  I watch him put his hands into his pockets and look at the broken glass on the floor. He pushes away some glass next to his feet.