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Chapter 8 - The Custody and Divorce Battle

The Juvenile and Domestic Relations District Court of Henrico County was far less formal than the Circuit Court, but its stakes were infinitely higher.

It was the second week of December.

Michael had managed to find an attorney—a bottom-tier criminal defense practitioner named Leonard Cross, who smelled of cigar smoke and carried files in a cracked vinyl briefcase. Michael sat beside him at the petitioner’s table, wearing a cheap suit purchased off the rack at a discount department store.

Across from them sat Rachel, Arthur Vance, and a formidable family law specialist named Sandra Jenkins, whom Arthur and I had retained on Rachel’s behalf.

I sat in the first row of the gallery, directly behind Rachel.

Judge Miriam Vance—again, no relation to Arthur—was a sharp-featured woman in her fifties who was notorious for cutting through parental posturing.

"Mr. Cross," Judge Vance began, looking over her half-moon spectacles. "Your client is petitioning for shared legal custody and unsupervised alternate-weekend visitation with the minor children, Emma Collins and Tyler Collins. Is that correct?"

"Yes, Your Honor," Cross said, standing up with a wheeze. "My client is their father. Despite his current... personal financial difficulties, his parental rights cannot be abrogated simply because Mrs. Margaret Collins has deep pockets and a personal vendetta against him."

"Personal vendetta?" Sandra Jenkins stood up smoothly. "Your Honor, Mr. Collins is currently under federal indictment for mail fraud and bank fraud related to his law practice’s escrow accounts. He is also facing state grand larceny charges in this very county for attempting to unlawfully sell thousands of dollars of estate assets that did not belong to him."

"Those charges are unadjudicated!" Michael shouted, standing up from his chair.

"Sit down, Mr. Collins," Judge Vance warned, her voice razor-sharp. "One more outburst and you will spend the afternoon in a holding cell."

Michael sank back into his chair, his hands clenching the cheap fabric of his trousers.

Sandra Jenkins continued, her voice crystal clear. "Furthermore, Your Honor, we have submitted the psychological evaluations conducted by Dr. Marcus Thorne, the court-appointed child therapist. Both Emma and Tyler have expressed profound anxiety and terror regarding their father. Emma specifically recounted the night of October twelfth, when Mr. Collins locked her out of the house in the middle of a storm because she cried when her mother was thrown out."

Sandra placed a bound document on the evidence table.

"We have also submitted the financial disclosures. Mr. Collins has zero verifiable income. His law license was formally suspended by the Virginia State Bar Disciplinary Board on November eighteenth. He currently resides in a forty-dollar-a-night motel room that lacks basic kitchen facilities. He has contributed zero dollars toward child support, health insurance, or educational expenses since October."

Judge Vance flipped through Dr. Thorne’s psychological report. Her face grew progressively colder with every page she turned.

"Mr. Collins," the judge said, looking directly at my son. "Do you have any source of income?"

Michael swallowed hard. He looked at Cross, who gave an indifferent shrug.

"I am currently working as a freelance legal researcher, Your Honor," Michael lied, his voice thin. "I am rebuilding my life. I love my children. Emma and Tyler need their father."

"A child’s need for a father does not supersede their need for safety, stability, and emotional integrity," Judge Vance replied.

She closed the file with a decisive snap.

"The court finds that Mr. Michael Collins represents an immediate emotional and psychological risk to the minor children. Sole legal custody and sole physical custody are awarded exclusively to the mother, Rachel Collins."

Michael let out a choked sound, burying his face in his hands.

"Visitation is restricted as follows," Judge Vance continued relentlessly. "Mr. Collins shall have zero physical contact with the minor children for a period of six months. At the conclusion of six months, he may petition the court for supervised visitation at an approved professional facility, contingent upon: one, complete compliance with all terms of his criminal bail; two, the completion of a twelve-week anger management and parenting program; and three, the payment of basic child support arrears, which this court calculates at one thousand four hundred dollars per month, based on imputed minimum earning capacity."

"Your Honor!" Cross protested weakly. "He cannot pay fourteen hundred dollars! He is indigent!"

"Then he had better find employment at a retail store, Mr. Cross," Judge Vance said without a trace of sympathy. "Because if he misses two consecutive payments, I will issue a capias for his arrest for civil contempt, and he can serve his visitation hours through the glass partition of the county jail."

Judge Vance looked over at Rachel. Her expression softened by a fraction.

"Mrs. Collins, you have conducted yourself with exemplary grace under extraordinary abuse. You and your children are excused."

*Bang.*

The hearing was over.

Rachel stood up. Her shoulders, which had been hunched under an unbearable weight for months, straightened. She turned to Sandra Jenkins and embraced her, weeping quietly into the attorney’s shoulder—not tears of grief, but tears of pure, unadulterated relief.

As we moved toward the exit, Michael blocked the aisle.

Cross tried to grab his arm, but Michael shook him off. He stood before Rachel, his face twisted in a mask of pure agony.

"Rachel," he whispered. "You took my kids. You took my whole life. Are you happy now?"

Rachel stopped. She looked at him—really looked at him—for the first time without fear.

"I didn't take your kids, Michael," she said, her voice calm, clear, and steady. "You threw them out in the rain to make room for a girl who didn't even know how to spell your name. You threw them away. I just picked them up."

May you like

She walked past him, her hand tucked firmly into mine, stepping out of the courthouse and into the bright, cold winter sunshine.

***

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