My Two Husbands

by Yari Martinez

  When I lost custody of Kaylee, I only explained to her that I had to move without her. She would continue living with Hunter, but I would always be around. I couldn’t bear to tell her that she was no longer going to stay with me because I lost her at court. Now she will have to face directly everything I tried to protect her from, and I’m so worried she won’t understand.

  I can’t do this alone. I call Diane, because years of sisterhood gives her an understanding of me and my life that Julie and Nicolas can’t have.

  “What do you want so early in the morning?” asks Diane as soon as she answers the phone. Again, no hello.

  “What are you doing up right now? You don’t sound sleepy,” I retort.

  “Getting ready for your court date of course.”

  “Do you think you can pick us up and help me explain to Kaylee what’s going to happen today? I have no idea what to say! I don’t want her to be scared at court or to start crying if she’s given back to Hunter.”

  My God. I can’t think of letting her out of my sight for a little while at court. What will happen if they take her away from me? That’s a possibility no one has ever considered, confident that I will be granted permanent full custody. What if they are wrong?

  What will happen if they take her away from me?

  “Brook you will not be losing Kaylee today. I’ll pick you two up, then we can explain what we have to explain. We’ll tell her that the judge would like to talk to her about how she feels about mommy, daddy and where she wants to live. We will not talk to her about being taken away from you, because that’s not happening,” states Diane.

  “How can you be sure? Why is everyone but me certain about what will happen today?” I ask.

  Yes, everyone is confident about this, but the possibility is there, and I have to think of every possible outcome and find a way to prepare for each one.

  I wonder if Hunter and his lawyer are expecting the worst. It doesn’t seem that way, given what they had to offer me. They sound pretty confident to me.

  “Brook, he is an abuser. It’s out in the light now. I don’t see the judge taking a risk and putting Kaylee in his care when she has a mother who shows no signs of being abusive. That’s why I know you will get custody. What I’m worried about is whether visitation will be supervised or unsupervised.”

  That seems like a rational thing to believe. But what if the judge thinks otherwise? The judge has a right to make decisions based on her personal judgment, even superseding the facts presented to her. To find another judge willing to overturn her ruling, if she doesn’t rule in my favor that is, will be like finding a meal of fresh tropical fruit in the middle of winter for a demanding inmate on death row.

  “I guess you’re right,” I admit, “but help me explain it to her. I can’t think of anything to say without breaking down or scaring the crap out of her.”

  “Honey I think you’re scaring the crap out of yourself. Kaylee will be fine today. If anything, today is going to be the best day of her life. I’ll see you guys soon. Let me get ready,” she says and hangs up.

  I put down the phone and stare at it for a few seconds. I pray everyone is right and that my gut feeling is an exaggeration. I can deal with being wrong and worrying over nothing.

  It doesn’t take long to get ready. Before I know it, I’m showered, dressed and rushing down the stairs to open the door for Diane. “Coming,” I call.

  “Where are your keys?” I ask her.

  “In my car,” she replies.

  “What if I was busy and couldn’t open the door?” I say as I start my way back up the stairs as Diane follows.

  "I would have returned to the car to get them and let myself in. Now are you almost ready to go?” she asks, sounding sarcastic as usual.

  “I’m almost done. I just have to put a little bronzer on my face and some Chap-Stick.”

  I walk up to my dresser in my bedroom as Diane makes herself comfortable on my bed. The company of another adult makes me feel much better, much less tense.

  “Nice outfit, by the way,” observes Diane.

  Thank God my belly isn’t showing.

  “Thanks. I figured a pencil skirt and button-down blouse would help me out a bit. Does it scream I’m desperate to gain full custody against this moron?” I ask, smiling into the mirror for Diane to see.

  “Wear your black Manolo Blahnik. They’ll go well with your gray skirt.”

  “Should I leave this white blouse on or wear another color?”

  “Leave the white. It looks professional. Not loud.”

  I grab my shoes from the closet and take a seat on the settee facing the bed as Diane scrolls through my phone.

  “Thanks for coming over. I know I don’t need to thank you, but thanks anyway. My nerves are getting the best of me,” I tell her.

  She looks up and smiles. “You never have to thank me. This is what we do. I know you would do the same for me. Now what you do have to do is update me on you and Nicolas. You guys are on the phone all day! Both talking and texting. I like him.”

  Diane is just too much. Even as a teenager, she would look through my stuff. My phone is never safe from her snooping.

  “If you must know, we’re just friends and like keeping in touch, nosey.”

  “Get me a friend like that then! My male friends don’t care for me the way Nicolas cares for you. Just saying.”

  “Ha ha, we can go shopping for one at the hospital,” I quip, winking at her.

  “As long as it’s a doctor we’re shopping for and not a stinky patient.” We laugh shamelessly, enjoying the freedom of each other’s company.

  “Help me get Kaylee ready. Her outfit is hanging behind the door and her shoes are on top of her dresser. I’ll go make breakfast,” I say, going down to the kitchen.

  I have no idea what to cook. Some bacon, egg and cheese on rolls sound good, fast and portable. Within minutes, I have three sandwiches prepared, coffee steaming in cups, and two packs of juice for Kaylee.

  “Mommy!” yells Kaylee running into the kitchen.

  “Good morning baby! Hungry?” I ask, picking her up to kiss and smell her delicious hair. She returns the kiss, and it warms my heart to have her in my arms. Too bad she is getting so big.

  “You look so pretty, mommy.”

  “Thank you, baby girl! You look beautiful too. I’ve made us breakfast. Go get a toy you’d like to take with you, and let’s get going. We can’t be late today.”

  “I know! Auntie Diane told me we’ve to go to see our friend so I can tell her how much I love being home with you and she can let me stay here with you forever.”

  I stop packing the sandwiches and stare at Kaylee. I notice Diane standing in the entrance of the kitchen and hope we don’t regret these words after the judge’s decision. Kaylee runs out of the kitchen to grab her toy, and I stare blankly at Diane.

  “Stop worrying! She’s coming home with you, I promise,” reassures Diane.

  “I know, I know,” I say, shaking myself out of my reverie. “Breakfast is done, let’s get out of here.”

  The ride to the courthouse goes better than I expected. I thought I would break down and go crazy. Instead, I find myself admiring my best friend and my daughter as if it is the last time I will ever see them, feeling as if my life will be altered for the rest of my days.

  When we arrive and park the car, Diane grabs my hand. “Everything will be fine, remember,” she assures me. “Today will be the beginning of a new life with Kaylee.”

  Julie and Nicolas meet us there, happy to see us in good spirits.

  Nicolas casually brushes my cheek with the back of his hand. “I see the worry in your eyes, but you really have nothing to worry about you know. Julie explained to me in great detail why she doesn’t see Hunter being granted full custody of Kaylee, and I believe her. Worse-case scenario, we can appeal the judge’s decision, but she doesn’t see this case going there, and neither do I.”

  I don’t bother introducing him to Kaylee, and
she doesn’t seem to notice him either—she is too busy looking around at all the people waiting their turn. I can tell she has her own feelings about being here.

  “I’m scared,” I say, looking at Kaylee.

  “I know,” he comforts me. “It’s okay to be scared. Now go in there confident and come out with your daughter.”

  I look around to see if I see Hunter or his Lawyer but they are nowhere to be seen.

  The wait seems like an eternity, but we are finally called in. When we get into the courtroom, I notice that Hunter and his Lawyer enter from another door. And like last time, the judge goes though the same introduction, telling us her name, the names in the case, and again makes all of us introduce ourselves.

  “From my notes, I see Miss Kaylee Payton has been removed from the existing order of protection. Ms. Gallagher, has Ms. Russell’s client violated the order of protection in any way since our last hearing?” asks Judge Paine.

  “Mr. Payton has not violated the order of protection, nor has he violated the temporary order of custody set in place, your Honor,” replies Julie.

  “Is there anything you would like to present to the court prior to me speaking to Miss Kaylee Payton?”

  “Yes, your Honor. I would like to present Ms. York’s medical records and photographs from the date of the incident with Mr. Payton, showing the results of the assault.”

  Julie quickly hands a stack of papers neatly prepared for the judge to the waiting court officer.

  “Your Honor, I object. The child is no longer mentioned in the order of protection, making those papers irrelevant to this case,” says Hunter’s lawyer, Brenda Russell.

  “Ms. Russell, this is not a criminal case. There’s nothing to object to. And even if you could object, I would deny your objection because these papers are relevant in this family case,” retorts the judge sternly. This woman is tough. Fear springs up in my heart again.

  The court officer hands over the papers to the judge, and she examines them. I can see Hunter and his lawyer having a nervous talk, but it’s too low for me to decipher what they’re saying.

  After a few minutes, the judge looks up at us and removes her glasses. “Ms. Gallagher, since you’re presenting these documents today, I want to make clear that nothing on them remains personal. Do you wish to continue by giving the court permission to use these documents?”

  “Yes your Honor,” replies Julie.

  “With that said, please hand these documents to Ms. Russell for her and her client to review,” instructs the judge to the court officer. He takes from the judge and hands them to Brenda.

  “Ms. Russell, I want you to see the physical damage your client has caused Ms. York and her unborn child as well as the consequences of your client taking matters into his own hands,” says Judge Paine.

  Why is it always hot in this courtroom? I look over at Hunter. His face is as red as a ripe tomato. He does not attempt to hide his fury. I don’t have to be a mind reader to gauge his thoughts. Russell notices his face and quickly grabs his arm, hands him the papers and starts talking to him. I can tell by her body language that she is nervous Hunter might create a scene in front of the judge.

  “Your Honor, my client is not here to justify his actions but to learn to be a better father to his child and to learn to co-parent with Ms. York. My client has completed his required parenting classes, as you have ordered. We have proof of this, and my client has clearly demonstrated he is capable of obeying court orders without further incident. He would like to hold full custody of Miss Payton and follow the order and its guidelines as he has held since his and Ms. York’s separation. Also, my client is willing to offer Ms. York joint custody when it relates to the child’s education, medical and extra-curricular activities,” says Russell.

  Is this woman serious? She still has the cheek to demand full custody! They sound like hungry piranhas. When I turn to Julie, she shh-es me very quietly, and I turn back to the judge.

  “Do you have your client’s certificate of completion from the parenting classes?”

  “Yes I do,” says his lawyer as she quickly holds it up.

  “Officer, please hand me Mr. Payton’s completed parenting course certificate. Also, I have assigned a Law Guardian to Ms. Payton to stand with the child as I conduct my interview. Ms. York, please step out of the courtroom with the officer and follow his directions. Once Kaylee is with the Law Guardian, return here and wait for me. Kaylee will remain with the Law Guardian until I give my final say on the custody and visitation order. Ms. Russell, is there anything you would like to present before I go?”

  “No, your Honor,” says Russell.

  Outside the courtroom I find Kaylee waiting. “Mommy, are we going home now?” she asks.

  There is nothing I want more than to run out of here with my baby girl and forget this horror, but I kneel beside her. “Not yet baby. Mommy’s friend needs to speak to you first. When she’s done, she’s going to leave you with a nice lady and finish talking to me. Then we can all go home. Okay?”

  “Okay mommy.”

  We hold each other’s hand and follow the officer. I can’t control the shaking of my hands and hope Kaylee doesn’t feel it.

  “Hi Kaylee! I’m Lisa. We’re going to hang out in this office for a little bit, okay? Your mommy will come back to get you after she is done. Is that okay with you?” asks the Law Guardian. She looks welcoming and friendly. I assume that’s the feeling she is supposed to cause.

  Kaylee takes her hand without protest. “See you later mommy,” she says.

  I watch her go into the room. I can’t help wonder how different our lives will be when she walks out.

  “Ms. York, this way please,” says the court officer, guiding me back to the courtroom.

  Inside, everyone is waiting for the judge. I take my seat next to Julie, and she smiles at me reassuringly. She clearly doesn’t want to talk because Hunter and his lawyer may hear us, so she focuses on the paperwork and her cellphone as we wait. I refuse to fake confidence, so I sit there moving my leg up and down, waiting silently. This is worse than a visit to the dentist.

  As soon as the judge returns, we are ordered to our feet. She sits, and we are ordered to take our seats as well.

  “When it comes to children, it’s not easy to make a decision that will surely affect them in many ways throughout their life,” begins Judge Paine. “I hope both parents are willing to do all they can to ensure that the child receives all the love and attention she deserves. She is an absolutely amazing girl, and I can see why both parents would love to have her around all the time. However, we’re here because the parents don’t see eye to eye and need assistance in coming to a reasonable agreement. I want to make it clear that if in the future Mr. Payton and Ms. York feel they can come up with an agreement, we will have no objections whatsoever in modifying the order. However, until then I have decided how the custody of the child will be shared. Ms. York, you will remain the full-custody parent, and the child will continue to reside with you. Decisions regarding education and medical treatment of the child will be made jointly. If an agreement is not reached, the decision will be left to this court. Mr. Payton, you will have every other weekend with the child, starting this one. Your time will be from Thursdays 7 p.m. until Sundays 7 p.m. On Thursdays and Fridays, Mr. Payton will pick up the child from school. A sitter or nanny may be employed. The weeks he does not have weekend visitation, he may have a dinner night on Wednesday, from 4 p.m. until 7 p.m. If the dinner visitation cannot happen for some reason, Mr. Payton must send Ms. York a text and an email stating he will not be able to conduct the dinner date with the child by 12 p.m. on that day. During your overnight visits with the child. Mr. Payton, you’re required to supply the child with clothing and food and return her with the clothes she was given to you with. This is to avoid any confrontations. On Mother’s Day, the child will remain with the mother for the entire day. However, if the holiday falls on a day the child is supposed to be with her father, the child w
ill remain with the mother until 7 p.m. The father may pick up the child from the mother’s residence. For Father’s Day, the same applies. Both parties are to pick up the child from in front of the residence in which the child is located. There is no need for any party to enter the other’s residence. All holidays will be shared by even and odd years and will be clearly explained in the order that will be provided to the lawyers. Ms. Russell, do you have any questions before I conclude this hearing?”

  “Your Honor, can the parties also share decision making when it comes to the child’s extra-curricular activities? Also, can it be ordered the child not be introduced to any paramours for at least eight weeks to give the child an opportunity to adjust to this major change in her life?”

  "Ms. Russell, regarding paramours, both parties have been divorced long enough that the child is aware they’re no longer together. Second, Ms. York is expecting a child, and it is not my place to separate her from the father of her child during her pregnancy. About the decision making in extra-curricular activities, Ms. York will make the decisions because she is the sole primary parent at this time. However, Ms. York will be advised that she cannot schedule any activities during Mr. Payton’s visitation. Ms. Gallagher, do you have any questions?”

  “We would like to request supervised visitation for at least two visits prior to this order taking place due to Mr. Payton's violent behavior towards Ms. York,” says Julie.

  “Mr. Payton has completed his parenting course, and the child did not express that her father has ever physically abused her. Also the child is no longer mentioned on the order of protection. Mr. Payton cannot be forced to sit through supervised visits without justification. Therefore, your request is denied,” says the judge, regret on her face.

  I guess I’m not the only one who has her hands tied by the law.

  “It should go without saying, but I find it necessary to address it at this moment,” continues the judge. “It will also be mentioned in the custody/visitation order. Neither parent is to say or do anything against the other parent to hamper the relationship the child has with either parent. The parent who does so will be in clear violation of the law. Lastly, the parent who is in physical care of the child must provide a working telephone number so that the other parent can reach the child at least once and no more than two times a day to avoid the child losing contact with either parent. I wish everyone the best in this case. Please remember that what is most important here is maintaining a healthy environment for the child, who loves and needs both her parents,” concludes the judge, hitting her gavel on the bench.