Thicker Than Water - 35. Chapter 35

Charlie called sometime around mid-January. A new judge was assigned to the case and set a hearing date to see if Calvin's evidence was admissible. Diego was pissed but knew there was nothing that could be done about it. He was also concerned about his relationship with Billy, since he had only spoken to Charlie since the incident. Steve said to not worry, and that Billy was probably busy, yet Diego couldn't help but feel that he pushed his lawyer too far.

If it wasn't for his legal woes, Diego's life would've been perfect...well, almost perfect. Bryan and Kenny had a heart-to-heart about the time they'd been spending together, and Bryan apologized for his behavior. Kenny agreed to give Bryan space, while Bryan agreed to the same along with better communication. Diego and Steve then put Kenny on the couch in the living room. It wasn't the most comfortable space, but it was better than the conflicts.

Diego also couldn't help but smile whenever his sons interacted with Steve. Bryan was more like himself with Steve since their talk. Bryan even started referring to Steve as “Dad,” which only continued the confusion started by Caleb.

“We really need to think of another title for you,” Diego said one morning in the shower.

“I know, but I really don't want to ruin it, you know? Bryan's been a lot more open and happy, and I feel like I'll jinx it if we ask him and Caleb to come up with another name.”

“I don't think it's that big of a deal. Those boys love you.”

“And I love them, but I think they need to figure it out.”

“So long as they don't call you, 'Daddy.'”

“Definitely not that,” Steve said, with wry smile as he kissed Diego.

*  *  *

Steve and Diego sat in Billy's office. Diego was nervous and not just because of what had happened the last time he was there. Billy wanted to go over the next step in the case and discuss of details. Diego never got a good look at Charlie as an office assistant, and the man just seemed out of place.

It was clear that Charlie was gym rat based on how bulky and muscular he was; however, the suite he wore only heightened his build. The suit was tailored to him, but Diego guessed that if Charlie moved the wrong way or really wanted to, he could flex and rip this shirt and jacket without much effort.

Steve had mentioned that Charlie was in the Marines for a few years after high school. Diego remembered Ry focusing a lot on work at that time to the point where Diego had to force his friend and business partner to got home and spend time with their daughter. Family was always the most important thing to the Padillas, and he considered Ry family.

“Can I get you guys anything? Coffee? Tea?” Charlie asked.

“Got any beer?” Diego joked. Charlie stammered a bit until he noticed Diego chuckling. “I'm fine, really, Charlie.”

“I'm good, Buddy, thanks anyway” Steve said.

Billy's voice came over the speaker phone, “Charlie could you please send in my next appointment?”

Charlie rolled his eyes and shouted, “Or you could get off your lazy ass and come get them yourself.”

Diego was shocked at the level of disrespect, but Steve busted up laughing. He had seen the siblings have shouting matches over who got bigger portions at dinner when they were all little kids, so it was nice to see that somethings hadn't changed.

Billy came out of his office. “What the fuck do I pay you for?”

“My winning smile, amazing charm and sweet disposition,” Charlie replied stone faced in a monotone. “And you're not paying me enough to make me your lapdog.” He turned to Steve and Diego then added, “Mr. Parker will see you now.”

Steve needed a minute to catch his breath, as Diego stood and laughed. Once they were fully collected, the couple followed Billy into his office.

“Sorry about that,” Billy said. “He's been in a mood all day. Apparently, one of the twins was suspended.”

“Everything okay?” Steve asked.

“I think so. It was something about gym class. I'm not entirely sure, and I don't think Charlie got the full story either. Anyway, we're here to discuss your kids not my trouble-making nephews.” Billy did some typing on his computer then opened a file on his desk. “Our next scheduled hearing will be a week from today, which will be discussing the admission of the potential evidence discussed at the previous hearing.

“We have a new judge, as well; Judge Stephen Arthur. He's been on the bench for a really long time. This is his first time in Family Court and spent decades in Criminal Court, so there will be some adjusting, I'm sure.”

“What's the difference?” Diego asked, “I mean, aside from sending people to prison?”

“Family Court isn't as strict about evidence as Criminal Court. Family Court proceedings are almost always closed to the public and records are more often than not sealed afterwards. Most Family Court judges have specialized in the laws regarding custody and whatnot, with some focus on the criminal law that does or can apply to minors, which will be a leg up for us regarding Calvin's abandoning the kids.

“Over all, there won't be a lot of difference than what you might see on TV but more technical and less interesting.”

Diego chuckled to himself, as he could hear Bryan say, or in some piece of shit story on the internet.

“What's this judge like?” Steve asked. “Is he fair? Have you dealt with him before? What kind of reputation does he have?”

Billy looked uncertain but replied, “He does have a reputation for being a hard ass, which I'm hoping to work for us, given how flimsy the opposition's evidence is. I have had a couple of dealings with him in the past... Full disclosure. My birth father was a criminal defense lawyer before he died. The few times I was before Judge Arthur weren't very good...but that was also in Criminal Court, which has a lot at stake and pressure. I'm hoping that Judge Arthur will have had time to relax and see things work differently in this setting.”

Diego wasn't convinced. He felt that Billy was leaving something out but was too afraid to ask after their last confrontation.

“My ultimate goal for next week is to get the case thrown out. Their evidence is weak and largely holds no grounds, especially with the previous ruling to still be valid. Calvin showing his face up once in nine years does not constitute a renewed relationship, let alone cause to regain his rights and custody. As far as the Court and everyone else is concerned, you, Diego, are the true parent to those boys.”

*   *   *

“All rise,” the Court Clerk announced. “The Honorable Stephen J. Arthur presiding.”

Diego looked around the courtroom. There were a few people in the gallery, mostly dressed in street clothes. It made him feel overdressed in his suit, but Billy almost demanded it. He could understand how looking presentable would do him more favors once he saw a large woman wearing leopard print yoga pants and an animal print t-shirt. This is the epitome of white trash, Diego thought to himself, then admonished himself for his own bigotry.

“Pay attention,” Steve whispered to Diego.

Diego looked back toward the bench and saw an elderly, white man of about 70, wearing black ropes enter. Diego's stomach cramped. From his experience, old, white men were no friends of him or his people.

“Please be seated,” Judge Arthur said, as he took his seat and opened a file folder before him. “Madam Clerk, who do we have first?”

“The Matter of the Bryan Padilla and Caleb Padilla.”

The judge adjusted his glasses and read from the folder as Billy and Calvin's lawyer stood and approached the counsel tables.

“According to the docket,” Judge Arthur said, “we're here today to settle the admission of evidence in this case and to set a date for oral arguments, is that correct counsel?”

“Good morning, Your Honor, and that would be correct,” Mr. Clarke said.

“Yes, Your Honor,” Billy repeated.

“Very well.” Judge Arthur took his time reading over the list of contested evidence. He paused a few times, flipped back and forth through various pages. At one point, he focused intently on a spot in a document then looked up at Billy. “Mr. Parker, would you happen to be related to the same William Parker who used to be an officer of this court?”

Diego could see Billy tense up.

“Yes, Your Honor. He was my biological father. We've discussed this on many occasions already.”

“I see.” There were several seconds pause before Judge Arthur continued, “I assume the Court will not the same problems from you as we had from your father?”

What the fuck? Diego thought.

“Your Honor?” Billy asked.

“I'm sure that I can't be the only judge on this bench who has talked to you about your father's unscrupulous tactics and shenanigans in court. I'm just making sure that there will be none of that before my bench.”

“Your Honor, with all due respect, while I may have half of my father's DNA, I can assure the Court that I am my own person and would prefer the Court not prejudice myself or my client based on my father's past actions. My own reputation should speak for itself.”

Diego looked over and saw a slight smirk on Mr. Clarke's face and he wanted to punch the man in the face.

Judge Arthur didn't look convinced and said, “Very Well, Mr. Parker. I'm unfamiliar with your so-called reputation, but consider this a warning to not play games in my Courtroom,” and returned to reviewing the documents.

“Excuse me, Your Honor,” Billy said, causing Judge Arthur to look up, “just to clarify for the record, would that be Xbox or Playstation?”

“Pardon me?”

“The games you don't want me playing? Xbox or Playstation? Personally, I'm a PC man, myself, but if I'm to avoid a console, which would you rather me not play games on?”

Judge Arthur slammed his gavel on the block. “This is your last warning, Mr. Parker.”

“Your Honor, you're clearly prejudiced against me, believing me to be like my father, going so far as give me an unwarranted warning before this matter has even been dealt with. I have no choice but to ask you to recuse yourself from his case having shown bias.”

“Your request is denied, and the Court Clerk will strike the request from the record.”

“Objection, Your Honor. You lack grounds to strike my request from the record.”

“Objection over ruled, Mr. Parker, and I'm holding you contempt of court.”

“For what? Assuring my client has a fair and impartial justice overseeing his claim?”

“I have not shown any prejudice towards your client, Mr. Parker, and I have every right to ensure that your reputation as a trouble maker does not interfere with these proceeding, which they clearly have. You've shown nothing but disrespect toward the Court, and I fine you $100.”

“How about you make it $200 you incredulously ancient and decrepit fossil?”

“$200 it is, Mr. Parker,” Judge Arthur snarled as he banged his gavel.

“I guess you're not as insufferable as your haircut would indicate,” Billy said with a smile, earning him an additional $200 fine.

“What are you doing?” Diego harshly whispered from the gallery toward his lawyer.

Billy just looked back and smiled, disarming his client, who became quiet.

There was a long pause before Judge Arthur spoke again. “After reviewing the evidence, I'm over ruling Mr. Parker's objections. Mr. Clarke you are free to present your evidence before the Court.”

“Objection, Your Honor. My client and I still maintains that the evidence is inadmissible as hearsay and cannot be subjected to adequate cross examination, since Mrs. Johnson has passed away. We are not able to get her side regarding context to the nature of her replies and any historical context she could provide.”

“Over ruled,” Judge Arthur said, slamming his gavel. “As for the Respondent's Petition for Summary Judgment, the Court rules the Petition is denied due to sufficient evidence to proceed.”

“Objection, Your Honor,” Billy said.

“Over ruled. I believe, Mr. Clarke, that the Petitioner wishes to submit two Motions to the Court?”

“Yes, Your Honor,” Mr. Clarke said, smirking at Billy, as he handed to documents to him. “The first is a Motion to Dismiss the Respondent's restraining order against my client. The original filing was baseless, as my client had no prior contact to his biological children and posed no risk to them.”

“Mr. Parker, is this true?”

“Your Honor, Mr. Johnson had lied to the authorities, claiming to be the custodial parent of Caleb Padilla, preventing my client, the custodial parent of record, from taking his children.”

“But Mr. Johnson is their father, is he not, Mr. Parker?”

“Not their custodial parent, Your Honor.”

“That wasn't my question, was it Mr. Parker?”

“No, it wasn't, Your Honor, and Mr. Johnson is their biological father, while Mr. Padilla is their custodial father.”

“I wasn't speaking about Mr. Padilla, since you're wanting to be pedantic, Mr. Parker.”

“Your Honor, if I may,” Mr. Clarke said, clearly enjoying the verbal volley between the judge and Billy. “My client isn't the one who told the police that he was the custodial parent of the boys. Instead, it was his fiancé, Ms. Ashley Rickman. You dismissed her charges for custodial interference about a month ago.”

“I remember, of course.”

“Objection, Your Honor,” Billy said. “Prejudice against my client.”

“Over ruled.”

“I also object to this Motion. It's clear the Court got their copy before I did, which violates the Rules of Court for his county for timely service.”

“Over ruled. I find in favor of the Petitioner's Motion to Dismiss the restraining order.”

“Objection, Your Honor.”

“Over ruled. Mr. Clarke, what's your second Motion?”

“It's a Motion for Visitation.”

“Objection--”

“Over ruled. Please continue, Mr. Clarke.”

“Thank you, Your Honor. Since it's the Petitioner's stance that he was denied access to his children, forcing him to lose contact, which was thus used against him in Court to revoke his parental rights, Mr. Johnson wishes to re-establish his connection to his sons through Court Ordered Visitation.”

“Objection, Your Honor,” Billy said sternly. “The Court had ruled on this matter before and found no wrong doing, which led to Mr. Johnson losing custody. Caleb Padilla has no memory of Mr. Johnson after being abandoned, and Bryan Padilla has very few memories from back then, so to thrust them into a visitation situation with a complete stranger like this is absurd.”

“Mr. Clarke, I have to agree with Mr. Parker on his one; however, I can see a potential need for the boys to become familiar with Mr. Johnson in case the Petitioner wins his claims. Therefore, the Court will order a weekly, one hour, supervised visit between Mr. Johnson and the two minors. The choice of supervisor will be left to the Respondent, given that the Petitioner's fiancé has previously deceived law enforcement. Should Mr. Padilla be unavailable, he may appoint another to stand in his stead. The specific days and times for the visits will be conducted through counsel, with the boys' best interest in mind, which should not interfere with school and other extra curricular activities, but must occur, nonetheless. Mr. Clarke, should your client fail to meet with his biological children to the Court's satisfaction, I will revoke this order. Make sure your client understands that.”

“Yes, of course, Your Honor.”

“I object to the Motion and Order, as it could harm the children in this case. It's still the Respondent's position that Mr. Johnson was attempting to prevent Mr. Padilla from having access to his children and manipulated the police to due so.”

“Over ruled, Mr. Parker. Take this as a win for your client. Unless there's anything else, the Court has an opening for oral arguments on February 16^th at 10am.”

Mr. Clarke said, “That works for us, Your Honor.”

Billy sighed and said, “That works for us, as well, Your Honor.”

“Very good, so we're reconvene on February 16^th at 10am. Mr. Parker, make sure you pay your fine before the next hearing or face jail time.” Judge Arthur banged his gavel and asked the clerk about the next case.

*   *   *

“That went well,” Billy said, as they stepped out into the hall.

“What the fuck was that?” Diego demanded.

“Victory,” Billy said, as if Diego were stupid.

“How is that a fucking victory, Billy? I could lose my kids because you want to piss the judge off.”

“He's clearly prejudiced against you, and I did my best to preserve everything for appeal. I'll also be filing a Judicial Review with the Presiding Judge. The contempt was just my way of getting back at him.”

“That's $400 you wasted for spite.”

“I was prepared to pay $4000, so I think I got a bargain," Billy said dismissively.

“Is this a fucking game to you?”

“Of course not, Diego, but that doesn't mean we can't have fun along the way. Lighten up, Diego. We have oral arguments in a few weeks. Charlie will be in contact regarding the visitation. If you can't bring yourself to do it, might I suggest Steve?”

“Why me?” Steve asked.

“Calvin is an insecure little bitch. I saw him pull into court on some kind of mid-life crisis, crotch rocket. He either has a small penis or suffers from other deep insecurities, and we both know that you're endowed enough to no be insecure.”

Steve blushed, while Diego made a mental note to ask his fiancé about Billy's comment.

“Well, Gentlemen, I have another hearing to attend,” Billy said as he walked away.

Diego was just too shocked to make up his mind. All he could focus on was how he was going to break the news to his boys.