Twenty-Three

WITH THE INITIAL hearing scheduled for a Monday morning, Scott bailed on dinner with his teammates after pulling out a last-minute win during Sunday Night Football.

He’d taken a hard hit in the third, one that had rattled his head enough the coaches sent him into concussion protocol, letting the backup take over and putting them seven points down in a matter of minutes.

Then, he’d spent an hour reassuring Abby he hadn’t been seriously injured.

Only later did Kelly tell him how she’d gone almost immediately catatonic in the stands. Only Dylan had been able to get through to her as her breathing accelerated until she almost passed out.

“I’ve never seen anything like it,” Kelly told him.

“Not even when Marissa has anxiety attacks. They come on so much slower, so she has time to manage them. But Dylan said her name, and she kind of shook, then pulled him in for a hug and reassured him you’d be okay.

It was like a light switch flipped. She wasn’t there, then she was again.

Of course, by that point, you’d gotten up. ”

Scott grimaced at the description. Kelly might not have seen it before, but he had.

At least Dylan had pulled her back into the moment before she went too far.

Now, promptly at eight in the morning, shaved, suit and tie pressed, shoes polished, he shook hands with his lawyer, Mark Lystead, then sank into one of the high-backed captain’s chairs to await Lindsay, exhaustion dogging his steps.

She sailed into chambers in a business suit as sharp as his own, barely-there makeup, and only the demurest whiff of light perfume. Setting her leather bag on the floor, she took the seat across the aisle, crossed her ankles, and folded her hands in her lap.

“All rise.”

At the bailiff’s words, all three of them came to their feet and waited while the judge entered and took his place behind the bench.

Settled, he studied both of them across the dark, heavy desk, then turned his attention to Lindsay.

“Ms. Meyers, while I understand you practice in the state of New York, it is irregular for a parent seeking to change a custodial agreement to represent themselves. Moreover, your field of expertise is not in family law. Are you certain this is how you wish to proceed?”

“This is my son. I can’t imagine trusting anyone else to fight for him better than his own mother.”

Scott barely caught himself before rolling his eyes at her tone: low, wavering, but determined.

All too often, their conversations had been punctuated by what he could only describe as her shrewish complaints.

Hearing such a muted, deliberate cadence in her voice – she’d put on a different persona.

One he wasn’t sure he’d ever really known.

How far would she go to hurt him?

You have primary custody already, Mark had reminded him before the hearing began. All you have to do is not lose it. She has the uphill battle to fight.

“Well then, let’s begin, shall we? Mr. Edwards, I’ve read over the affidavits you sent from your son’s nanny, his teacher, and his therapist. Ms. Meyers, I’ve also read over your petition and, I have to say, I’m a little confused as to why we’re here.

The child seems like a happy, well-adjusted boy, yet, in your statement, you make several allusions to his well-being. ”

“Yes, Your Honor.” Her voice trembled and Scott ground his teeth together. “You see, Scott, that is, Mr. Edwards, my ex-husband, has a unique job.”

“I’m aware, Ms. Meyers.”

“Well, when he has away games, he’s always left Dylan with our nanny, but this season, he’s been leaving him with some girl . I’ve never met her, and when Dylan missed his weekly call with me that Saturday, the fifteenth of October, I flew down to check on him.”

“He didn’t miss your call, you cancelled it,” Scott interrupted, but the judge gave him a stern stare, and he forced his lips together before any other words could slip out.

“Well,” Lindsay continued, now abandoning her false emotionality for a righteously angry tone.

“I’m glad I did. When I went by that woman’s house to check on them, her dog attacked me.

Dylan was crying and screaming, so I picked him right up and left.

I took him straight home, to Scott’s house, and stayed there with him until Scott arrived later in the evening.

Then, I even offered to fly down, on my own, for all his away games and spend the time with Dylan, but instead of being grateful, he threatened me. ”

“And what was the specific threat, Ms. Meyers?”

“He accused me of kidnapping Dylan. He said I wasn’t a good mother.

You can imagine how devastated and insulted I felt, and after I’d already gone all that way, but, you know,” she switched to a more conspiratorial tone, “Scott hasn’t always made the best choices in who he spends his time with, and he’s often been blinded to a woman’s true nature until it’s too late.

” Lindsay sat back in her seat, folded her hands, and gazed up at the judge, eyes wide with innocent candor.

Scott’s hands clenched around the arms of the chair, knuckles white from the strain. He held his tongue between his teeth, biting down to keep from exploding in angry denials. Why wasn’t Mark saying anything? Couldn’t he object to such blatant falsehoods?

“I see. Mr. Edwards, would you care to add anything?”

Scott’s lawyer set a quelling hand on his arm.

“Yes, Your Honor. While Ms. Meyers tells a compelling story, it is...incomplete.” The deliberate pause, so laden, implied another word.

Scott allowed himself – forced himself – to relax.

“What Ms. Meyers fails to appreciate is my client has been seeing this woman, Abigail Barclay, for months, now. They are in a committed, monogamous relationship, and she cares for Dylan. The dog, Gen, is a certified therapy dog and the pair, she and Ms. Barclay, work in the pediatric department of Providence Hospital. As to what Ms. Meyers says occurred at Ms. Barclay’s home, it is our understanding Dylan didn’t become upset until she forced him to leave, which, in turn, distressed the dog, with whom he has a close bond.

While we recognize the circumstances are not ideal, we would ask the court to consider Ms. Meyers was, by legal definition and according to her custody agreement with my client, in the act of kidnapping the child. ”

The judge folded his hands on his desk and leaned over them. “I see. And if this is the case, why were the police not called, Mr. Lystead?”

Scott’s lawyer again spoke for him. “Ms. Barclay believed that, as Dylan’s mother, Ms. Meyers’ had the right to take the child out of her care.

Further, upon learning he’d been taken, Mr. Edwards did not know where they had gone and could not contact Ms. Meyers, who had her cell phone turned off.

Rather than call the police, he checked at his home for them before taking any additional steps.

Fortunately,” and here the lawyer paused, again, sighing in a moue of relief, “he found them there.”

The judge considered for several long moments as a fraught silence reigned in the room. Then, opening the file before him, he paged through several sheets, eyes scanning each one, before closing the entire file again.

“Parents sharing custody have misunderstandings. As such, it is my sense this case does not need any additional intervention. Ms. Meyers, if you are not comfortable with your son spending time with Ms. Barclay, I suggest you communicate that to Mr. Edwards as per the parent communication training you should have had upon the finalization of your current custody agreement. Mr. Edwards, as I understand it, you and Ms. Barclay are not married. Until such time as your relationship changes, I’d suggest, per the same parent communication training, you take Ms. Meyers’ concerns under advisement.

” He nodded to each of them. “Will that suffice?”

Scott and Mark both nodded respectfully, but Lindsay shook her head, her curls bouncing.

“Your Honor, I wish to amend our custody agreement. This whole incident has shown me I am not as involved in Dylan’s life as I would like to be, and I accept responsibility for that fact; I wasn’t ready to be a mother to him when he was younger. ”

How did she manage to sound both vulnerable and adamant at the same time? After this hearing, Scott had new respect for her acting skills, even if his general respect for her had fallen several more notches.

She raised her chin. “I’m ready, now.”

Scott clamped down on his tongue again, but, unfortunately, couldn’t quite cover his snort of derision.

The judge shot him a look, opened the file again, shuffled a few more papers, then closed it.

“Ms. Meyers, if you think your personal circumstances have changed enough to warrant a reconsideration of the custody agreement, I respect that. However, without evidence of this fact, I cannot order an amendment to this agreement as it originated outside of my jurisdiction. California, I believe? Well, then, as you may or may not know, the next step would be for you to file affidavits or request an additional hearing in order to prove you are, indeed, the better parent to provide care for your son. That being said, I see no evidence Dylan Edwards is not being well cared for in his current situation so, barring any additional information to that end, I am hesitant to allow this process to continue.”

Lindsay opened her mouth to argue but he held up a finger to stall her.

“Ms. Meyers, it is obvious you care for your son, so if you insist on continuing, I can and will order a guardian ad litem be assigned to this case in order to provide the court with an objective opinion of the child’s well-being, and I will order a psychological evaluation, as well, of both you and Mr. Edwards.

Of course, as the parent seeking to change the custody agreement, you would be expected to pay for this evaluation. ”

“Yes, Your Honor,” Lindsay capitulated.

Scott’s cheeks heated with the rush of victory, but her next words dashed his hopes once again.

“I’ll arrange for an evaluation.”

“Very well, Ms. Meyers, Mr. Edwards,” the judge nodded to both of them. “I’ll see you again when the proper paperwork has been submitted.”

They filed out of the room and Scott half hoped Lindsay would make some kind of snide comment, maybe even within the judge’s hearing, but she, too, was on her best behavior, even going so far as to make an abortive attempt to reach for his hand.

Pulling back, as if she hadn’t even noticed she’d done it, her eyes flicked to Scott’s lawyer, then back to him.

“Are you sure we can’t...?” She left the question hanging and if he weren’t so angry right at this moment, he might be tempted to applaud her for the show she’d managed to put on over the last twenty minutes. “Well, then, you can’t say I didn’t try.”

He opened his mouth as she turned to leave, but the barest shake of his lawyer’s head warned him, so, shutting it again, he swallowed back the slew of words wanting to force their way past his clenched teeth.

Gesturing to a small, side room, his lawyer, sounding as frustrated as he did, bit out, “Let’s talk.”

Behind closed doors, Scott finally vented his frustration. “What a performance. I should have given her a standing ovation. This is ridiculous. Utterly ridiculous. Why are we even jumping through all these hoops?”

“Shh.” Mark pressed his finger to his lips.

“I understand your frustration, but this is the process. For what it’s worth, Judge Farmer is a pretty fair judge, and, reading between the lines, he thinks this is a giant waste of the court’s time.

The psych eval is cost-prohibitive and tends to cool down a heated custody battle.

I’d be far more concerned at how quickly she agreed.

It means she’s in this for the long haul.

The only thing that would have me more worried would be if she bought a place down here. ”

Scott’s eyes widened with sudden panic. “She wouldn’t. She couldn’t!”

“If she’s serious, she might, and it would carry a lot of weight with the judge.”

“But she doesn’t want Dylan. Why is she doing this?”

“That’s not a question I can answer. If she is as disingenuous as you say she is,” Mark paused, raising an eyebrow before continuing, “then perhaps she simply doesn’t wish you to be happy and will do everything in her power to ensure it.”

Scott, catching his lawyer’s slight hesitation, winced. He’d thought—he’d hoped—knowing the whole story would have inured Mark against her wiles, but even he had fallen prey to at least some small aspect of Lindsay’s performance.

“More than that, well, I’ve seen enough custody cases to know no two are ever the same, but people are people, and if she’s willing to go this far, then we’d better prepare ourselves: she’s not going to settle.”