Date: Thu, 1 Jan 2015 02:34:11 +0000 From: David Lee Subject: A Day in June, Chapter 9 A Day in June, Chapter 9 ------------------------------------------------------------------------ In the middle of December when Jade came home after taking his last exam for the fall term, he was on top of the world! He had kept his nose to the grindstone the entire semester and hadn't had the distractions of working long hours to support himself as he had in the past, and thus he had mastered the material in all his classes. Now, he had over two weeks completely free because his break was longer than Devon's, starting earlier and ending later. He picked up the mail from the postal box at the corner of the block and looked through it after taking off his coat and boots. It was the usual mix of cards, ads, and bills, except for an official looking letter from a law office. Curious as he was, he would have to wait to find out what was in it since it was addressed only to Devon. He knew his soul-mate would come home tired from dealing all day with kids who would be particularly squirrely before the holiday break, so he decided to surprise him by making a special dinner. They had purchased a rump roast to use for an ordinary stew, but Jade was going to go the extra mile and make it exceptional. He searched for recipes online and found one by Julia Child which had a fancy French name and sounded delicious. ---------- Coming in from the garage around 5:30, Devon found himself enveloped by the aroma of beef bourguignon and made-from-scratch cornbread. It helped make the stress of the day seem like a distant memory. "I think heaven must be an old-fashioned country kitchen," he exclaimed. "I smell comfort food which is certainly welcome on this cold, blustery evening after a day in the trenches." "Other than the weather, how was your day?" Jade asked as they exchanged a quick kiss. "The kids are having a difficult time concentrating these last few days with the excitement of Christmas and having time off. You can probably remember how you were at that age. If I'd had enough string, I could have flown the lot of them like kites. Even Tim was up in the air." "Well, set your tired little butt down at the table while I take up the main dish." "May I do anything to help?" "You could pour some burgundy in a couple of glasses. It's already open because there's some in the beef bourguignon." "This is a gourmet meal. Are we celebrating something?" "Yup! I've finished my last exam for the term and I know I aced it. I was so-o-o ready. The study skills you taught me last summer have really made a difference. I'm making better use of my time than I did in the past, and I remember things better." "Wow, this is good!" Devon exclaimed as he took his first bites. "What recipe did you use for the corn bread? It doesn't taste like it came from a mix." "It's what Grandma used to make, or at least as close as I could come without lard. I put a little bacon grease in with the oil." "I could tell it's not that wimpy cake-like stuff I've often eaten," Devon nodded. "Grandma says that type should be called Johnny Cake instead of corn bread. Our ancestors didn't put sugar in it, so this is closer to what they had." "She is so right!" They ate their meal slowly, savoring each bite. Jade was really pleased that Devon had raved about his cooking. Devon was such a good cook, and Jade had hoped to make something that was at least edible. Devon's praise was more effusive than he'd expected, and it made him feel even more appreciated. After their delicious dinner, the guys worked together putting away the leftovers and straightening up the kitchen. Since Jade had cleaned as he cooked, there wasn't a big mess to deal with. "Any mail of import?" Devon asked. "There are a couple of bills and two Christmas cards, and oh, there's a letter from some law firm." "What's it about?" "I don't know; it's addressed to you." "As my partner and love of my life, you certainly could have opened it." "Nope, I think a good relationship should have boundaries as well as trust. I'll never snoop into your affairs. If there is something you want to share, I'll be happy to be included, but I won't be nosy." Devon shuffled through the pile to find the letter in question. He opened the envelope and scanned it quickly, his frown deepening as he did so. "Babe, you're gonna need a big shot of Botox for that furrow on your brow," Jade teased. "Is it good news or bad?" "Listen to this part at the bottom, `all you need to do is sign this form in the presence of a notary and the child will be placed with the adoptive family.'" "What?!" "It seems that I have a son and my ex is giving him up for adoption. They evidently can't legally do that without my okay." "How is it possible to have a child you didn't know about? Weren't you divorced last spring?" "Yes, it was finalized at the end of March." "Right, that's nine months ago. As I recall from my early religious training, the angel came to the Virgin Mary on March 25th exactly that long before Christmas Day. So unless it's an immaculate conception, it would require intimate participation on your part." "Oh-oh..." "What?" "Just before our marriage was done for good, Susan came over with a bottle of wine asking if we could part as friends. She was horny and so was I. As the alcohol began to affect my judgment, I thought it might be fun to do it again for old time's sake. One thing led to another and we did have sex. I figured I had nothing to lose because she was on the pill. So, it is possible we could have conceived that night if the pill failed or if she had gone off of it. I can't imagine why she never told me." "Will you try to get back together with her?" "Not in a million years! After the fun part was over, she basically dissed me. She said it was too bad I'd chosen a profession with low pay and no future or we might have made it. Somewhere in there she admitted I was actually better in bed than Steve, but his family is rich as Midas and she'll be set for life, so good sex evidently wasn't all that important." "But if it's your son, how could you say `no' if she wants you back?" "Obviously she doesn't have any more interest in him than she has in me or she wouldn't be putting him up for adoption. What do I do?" Jade went into the sensible, logical mode of thinking that Devon normally did when he wasn't upset. Within a few minutes, he laid out a plan. "First, you get a DNA test to see if you're the father, and not this Steve person. I'll call Deputy Davis tomorrow and find out how to go about it. If we get a match, then we'll fight to keep the baby. I can put my degree on hold until he's a little older." "You're such a sweet man," Devon exclaimed, "but you can't risk your future to bail me out. I want you to finish your education. However, since you seem to be eager to bring my son into our family, we'll figure out something together. We could possibly hire a nanny even if it means tightening our belts to pay for one." "Yes! I could take out some student loans and we could use my money from the reservation to pay for child care!" "I don't want to take your money." "As I recall, when I felt guilty about living here rent-free and letting you support me while I'm finishing my education, you insisted that spouses make sacrifices for each other. Well that works both ways; I want to do this!" "Are you sure?" "Aren't you sure you want your son?" "Of course!" "Then, consider my answer to be the same as yours. `Of course,' I want to do this." ---------- There was nothing to be done that evening, but Devon was still wound up when it was nearing bedtime. He couldn't stop considering alternative solutions for making working out problems that might arise. What if Susan put up a fuss about him having the kid? What if the court would decide he couldn't raise the child on his own? Why would it be anyone's business if he did? Lots of single fathers raise their children. "Would a massage help you relax tonight?" Jade asked. "It would be awesome! I know I can't do anything until we get the DNA results back, and I haven't even taken the test, so I need to stop obsessing." "I'll do my best to distract your mind, and stimulate your `center of male energy.'" Jade teased, caressing the bulge in Devon's pants. ---------- Devon awoke the next morning feeling totally refreshed. He had slept surprisingly well after Jade had brought him to a state of relaxation and release. Devon planned to reciprocate after dinner that night if he had the opportunity. He had just entered the shower when Jade joined him to wash his back. They fooled around and expended more jizz in the process. After a quick breakfast, Devon hurried off to school with his lunch bag full of leftovers which Jade had packed for him while he dressed. ---------- Home alone without any school work to occupy his mind, Jade got to work on solving Devon's problem. First, he called Deputy Tom Davis around 9:00. They exchanged pleasantries and Tom asked Jade how he was progressing. He was very pleased to hear what Jade had to say in that regard. In return, he told Jade about the progress being made in the cases against his attackers. As is often the situation, there were several hearings and delays. The trial wouldn't likely begin until well into the next year. In the mean time, the perpetrators were deemed flight risks and had their bond set so high that neither of them could make bail. When Jade explained Devon's dilemma and asked for advice about DNA testing, Davis suggested he contact Dr. Mary Shover at University Hospital who did work for the department. He offered to call the doctor and have her get back to Jade. "That's really kind of you," Jade said. "I don't suppose you'd also know of a good lawyer who isn't terribly expensive. I have a feeling we shouldn't try to represent ourselves in a case like this." "I know several lawyers, but I doubt they're inexpensive. Besides, most of the ones I know deal in criminal law... Wait, why don't you call Dean Marsh? He's a friend of mine and a really great guy. I'll bet he could recommend someone at the law school who might cut you a deal. Tell him Tom sent you," he laughed. "He asks about you whenever I run into him." "Thanks! You've helped a lot, and you hardly know me." "I feel a special bond with you because of being there on the scene, you know... Devon is my hero for giving you a new lease on life, and you're my hero for coming back strong. I may not have known you long, but you were in my prayers every night while you were healing." "Wow! That's really cool to know. I've felt I could count on you ever since we met. I owe you!" "No, I think it's the other way around. You helped us get two pieces of scum off the streets. Our department, the campus cops, and the city police are all grateful." ---------- Jade was on a mission. By 11:00 he had tentatively set up an appointment for Devon to have his DNA tested after school that day at University Hospital. He texted the information to Devon who checked his messages during his lunch break and confirmed that he would be able to keep the appointment. In the afternoon, Jade received a call from one of the law professors. "Jade Matson here," he answered his cell phone. "Hello Mr. Matson. This is Martin Gillespie from the school of law. Franklin Marsh asked me to contact you about some legal work you require. He said you're a survivor and an impressive young man who deserves a break. He'd like us to take on your case pro bono." "The help we need is more for my boyfriend than for me. I was just inquiring to find someone who wouldn't charge a lot because we're not that well off and we may be incurring a lot of expenses in caring for his son; that is, if the outcome goes our way. Let me explain briefly. Devon, that's my fiancé, just found out last night that he has a son by his ex wife. He didn't even know about the pregnancy until he received a form from her lawyer asking him to sign away his rights. She seems bent on putting the child up for adoption, but we'd like to raise him if we can." "On the surface, this sounds like a blatant attempt to ride rough-shod over the rights of a male parent. I thought we were past that in the 21st Century, but I guess it still happens. I would like to see the letter and the form, and get the details soon so I can move on this." "I can be at your office in a few minutes if that's convenient. I'd like to move on this as quickly as possible too. Christmas is likely to slow things down with people taking time off." "Come as soon as you like. I have the time to look at it today and I'll do what I can to speed things along." "Awesome!" ---------- Jade received a warm welcome from Dr. Gillespie and a bright young aspiring lawyer named Kaitlin Bergen. She made several copies of the letter so that each could follow along as Mr. Gillespie read it aloud, and so Devon could have the original for his records. "This is, as I surmised, an attempt to push Mr. Cook into signing away his rights without due consideration." The lawyer stated. "You are smart to ask for legal advice." This reminds me of an incident from several years ago. You're both too young to remember the `Baby Jessica' case, but I think Kaitlin has studied it." "Yes I have! I believe the mother of the baby didn't tell her boyfriend it was his baby and didn't have him sign a legal waiver. The baby girl was adopted by a family from Minnesota and then the father found out and took the case to court. He won, and raised the girl, though he and the girl's mother split. The lady's lawyer got into trouble as a result, but, as I recall, he didn't lose his license." "That pretty well sums it up, Kaitlin. We'll have a much smoother road because no adoption has taken place. Since Mr. Cook and his ex live in the same state, we don't have as many hoops to jump through in countering what they are trying to do. The laws and legal precedents will all be the same in her city as in ours. The couple who want the boy may be sorely disappointed, but they have no legal recourse. I think your fiancé should be able to have his son as an early Christmas present if all goes as I expect it to." "That would be the best news we've ever received!" "If you don't have anything else for me to do, I'll refresh my memory of the Baby Jessica case," Kaitlin offered. "That way we'll be able to quote the judge's ruling exactly as it's written when we remind the other side that it's futile to disregard a father's rights." "Great," Gillespie exclaimed. "I knew you'd be on top of it quickly. I don't think we'll need Justin's help on this after all. Now, Mr. Matson, what else can you tell me?" "Devon is having his DNA tested this afternoon to make sure he has a legal claim." "That's a very savvy first step! He's really on the ball. Are there any other details you can fill in, or do I need to wait to talk to your fiancé?" Jade told the lawyer what Devon had said about his final encounter with Susan. He said Devon was pondering the idea of calling her to see if she would voluntarily back off from the adoption. "I don't think that would be a good thing to do. In fact, it might harm our cause. If we go to meet with his ex and her attorney as if he's thinking it over and then spring it on them that he has no intention of signing, the element of surprise could work in our favor. I'll write her lawyer asking for the baby's DNA results because I want to make sure that they have asked the right man to sign the form. That will give us the evidence we need to prove his claim without alerting them to our objective." "Wow, you have covered everything, I think. Is there anything else we should be careful about?" "Yes, I think when we meet with them, it would be wise if you're passed off as one of my aides instead of Mr. Cook's boyfriend. Although it's legal for you as a gay man to be an adoptive parent in this state, your relationship could possibly be used as a bargaining chip or a way to stall the procedure. I hope I'm not offending you for bringing it up." "On the contrary, I appreciate your advice. I'll stay completely out of sight if you desire. I don't want anything to jeopardize Devon's right to his son. He's gonna make an awesome dad." ---------- "I hope you're okay with Chinese takeout," Jade said as Devon came in the kitchen door. "I've been too busy to cook, and I didn't want you to have leftovers two meals in a row." "That's funny! I was going to take you out for Chinese as a reward for all the work you've done today. It will be more relaxing to eat at home where we can talk freely without being overheard. So what's up?" "I've got good news and no bad news so far," Jade smiled as the two of them set out plates and tableware. As they dug into their dinner, Jade brought Devon up to speed on what their legal council had told him. He emphasized the fact that they should have NO contact with Susan and that Jade should not appear to be Devon's lover. Devon could see the wisdom in following that advice. ---------- Either Susan's lawyer didn't give her the same kind of advice or she chose to ignore it because right after dinner she called Devon's land line. When he checked caller ID, he refrained from picking up the receiver. After the machine kicked in to record a message, the two men listened to her rant. "What are you trying to pull? It was all simple enough for you to sign the form and have this done. I'm flying to Athens with Steve for Christmas next week to meet his parents. I want this off of my mind so I can enjoy the holiday. You know our little tryst was a mistake, and I admit to initiating it. It was too late for an abortion when I discovered I was pregnant. You know how irregular my system's always been. Anyway, if you have any plans to fight this and raise the kid on your own, I'll figure out a way to have you declared unfit! The foster family wants this baby for Christmas, and I promised them it would happen. If you cross me, I'll make you sorry!" "I'm really glad Mr. Gillespie warned us not to have any contact with her," Devon exclaimed. "I wanted so badly to tell her exactly what I thought of her heartless attitude. Besides, this recorded message might help if it goes to court." "Yes," Jade agreed. "Also hearing her say she's in a hurry to get this done might give us leverage." "And that bit about `promising' the foster parents makes me wonder if she expects to get something in return. Can you take this answering machine to Gillespie's office tomorrow?" "I can, but I think I'll call him at home right now so he can hear it. He gave me his personal cell number and told me to use it if I felt it were important." Their lawyer was not at all upset at being called after hours. In fact, he said hearing Susan's message so quickly would help him in preparing for a possible hearing that he suspected would be held soon. He asked Devon's permission to contact several people for character references in case Susan tried to make him look unfit to be a parent. ---------- While Devon was at school two days before his break, Jade sat in their lawyer's office listening to the message again. "I want to make a copy of this, and I also want you to bring the machine with you on Monday to the hearing." "It's happening that soon?" "Yes, it seems that Mr. Cook's ex wife has asked to bring the matter before a judge. From what her lawyer said, I suspect she isn't heeding his council. I got the feeling that he fully expects us to win. I've asked Devon's principal and your minister to write short character references on his behalf. Both were quite pleased to do so. Kaitlin will collect them tomorrow. This is all very short notice, so we can ask to have the hearing delayed until January if we wish. I don't think the former Mrs. Cook realizes how her actions could make this go on much longer than she desires." "I know Devon doesn't want it to drag either. I hope we don't have to ask for a delay." "I don't think we'll need to, but I'd like to mention the possibility just to watch her reaction," Dr. Gillespie said. "It's called, `know thine enemy,' and I'll use every advantage I legally can to make this work out for you men." ----------------------------------------------------------------------- Author's notes: Thanks to all who responded since last posting: Mendy D, Dan W, Bruce D, Ott H, Walt S, Paul R, Bob O, Harry T, Luke C, Joe W, Jim W, Cliff J, Tony W, Jim B, Lee B, Jae B, Jayson, Trish R, and Doug M. Also, thanks to all who responded to Alpha Dog. I've had a lot of positive feedback about it. I hope you've all had pleasant holidays and are looking forward to the next year with renewed hope and energy. Don't forget to donate to Nifty if you have the means to do so. Be kind to each other! Paul R (L actually, but that's a long story) loves to collect quotes. Here is one he sent recently that is applicable to the New Year: "The world is full of nice people. If you can't find one, be one." Nishan Padwar Love and peace, David