I went WAY over with this one, lol. 90 minutes. But it feels worth it, I think.

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Port Charles Courthouse: Family Court

“Let’s move on to the next matter. Custody of Cameron Hardy Webber and Jacob Spencer.”

Elizabeth’s hand, already clutching Jason’s, tightened and he squeezed back, reassuring her. The paternity claim had been the easiest part of their petition, he knew that, and one that they would win fairly. Custody of the boys — while Jason had made his calls to assure they’d win, he still wanted to win on the merits. He wanted the judge to cut the last tie that held Elizabeth to Lucky.

Maybe it was selfish to watch Lucky out of their lives entirely — and maybe Jason would be the better man if he’d encouraged Elizabeth to give Lucky another chance after the park so that Cameron would have the same father he’d always known.

But Cameron’s sobs still echoed in his mind, and the way the toddler had clung to his mother, begging her to bring his father back — that he’d behave and be a good boy. Maybe Lucky had made a mistake —

Jason didn’t care. He wasn’t giving Lucky the chance to hurt Cameron that way again.

“Ms. Miller, your client has filed an amended petition.” The judge peered at his notes. “Mrs. Spencer is no longer requesting joint custody of the older boy? Please explain this position. I understand that while Mr. Spencer is not Cameron Webber’s biological or legal father, he’s stood in the role for most of the child’s life.”

“Your Honor.” Diane got to her feet. “When my client separated from her husband in mid-August, she made her position clear. She’d made a grievous error in judgment, lying about the paternity of the younger son. She wanted to correct that mistake, and try to make amends. At that time, Mr. Spencer indicated he wanted nothing less than joint custody of both boys — and if Jacob wasn’t included in a custody agreement, he would walk away entirely.”

The judge nodded. “Yes, I see that in Mr. Spencer’s original filing.” He glanced over to Lucky and his lawyer. “Mr. Frazier?”

“Your Honor. Mr. Spencer was terribly hurt and humiliated after his wife admitted to an affair and lying about the paternity of their son. This admission was broadcast on regional television, and added layers to an already terrible situation. He took some time to consider his position, and decided that he had raised Jacob since birth, and wanted to continue in the role. Mrs. Spencer refused to consider even visitation on the matter. My client simply wished to force his wife to come to the table and negotiate something that was fair. Cooler heads have prevailed, and now my client has agreed to joint custody for both boys or just Cameron if the court so chooses.”

“Ms. Miller, your answer to that?”

Jason hated all the legal speak, hated how reasonable the lawyer had made Lucky’s demands sound. Elizabeth’s hand gripped his so tightly, that her knuckles her white. He covered their joined hands with his free hand, and she glanced at him, misery swirling. She carried so much guilt for the last year — he wanted her to let it go. To put it behind them.

But they wouldn’t until this was over. And there would always be a piece of her that blamed herself for everything.

“Your Honor, Mr. Spencer only revised his demand after a terrible incident in Port Charles Park on September 14,” Diane responded coolly. “As Lesley Lu Spencer, his sister, will testify to, Mr. Spencer came across my clients in the park with both boys. Cameron recognized Mr. Spencer as his father, and ran to him. Mr. Spencer didn’t simply walk away, but—”

“Counsel is testifying, Your Honor,” Lincoln Frazier interrupted, almost lazily.

“Ms. Miller, perhaps the details can wait for Ms. Spencer’s testimony.”

“Of course. Our position is that on that day, Mr. Spencer had the opportunity to assert himself as Cameron’s father. He chose not to. My client is not under any legal obligation to allow Mr. Spencer any continued contact with Cameron. After two and a half years, most of Cameron’s life, Mr. Spencer declined to adopt Cameron and gain any legal standing.”

“Was adoption discussed?” the judge wanted to know.

“Yes. On several occasions. Mr. Spencer suggested that money was tight and that it was unnecessary.” Diane lifted her brow. “Again, Mrs. Spencer was happy to allow to her husband to maintain his role as Cameron’s father, perhaps making adoption part of the divorce settlement. But Mr. Spencer has proved over the last two months that he is not interested in being a hands-on father. With the testimony of my client and her sister-in-law, we will demonstrate this fact.”

“That’s your argument as to the older boy. As I understand, your client was never interested in visitation with the younger boy?”

“As Your Honor just ruled, visitation with Jacob is not a matter for this court. Lucky Spencer has just relinquished any legal standing he has to the child. Mrs. Spencer, having told what she will admit, was a terrible lie for almost a year, was unwilling to promise Mr. Spencer continued contact. She will describe her position more clearly.”

“All right.” The judge slid off his reading glasses. “I’m ready for testimony.”

——

Lucky had listened to Diane present the case with a twist in his gut, knowing that there was nothing he could do or say today that would change the outcome of the situation. Any chance he had of explaining away that terrible day in the park would be diminished when his own sister described the scene from her point of view.

When Diane called Lulu to the stand, Lucky turned to see his sister stand up from the back row, then his eyes caught someone else. Sam.

She must have come in after the arguments had started. Lucky glanced over at the other table, saw Elizabeth’s startled eyes, and Jason’s scowl. Neither of them had seen her until then either.

Sam merely lifted her eyes at Lucky, as if to suggest that she could still help.

Lucky turned away, faced forward. There was no help for him. There was only finishing what he’d started.

Lulu looked miserable as she took the oath and sat in the witness box. She adjusted the microphone, then kept her eyes on Diane.

She wouldn’t even look at her.

“Good morning, Ms. Spencer.” Diane went to a podium, a sheaf of yellow papers in her hands. “On the afternoon of September 14, did you have occasion to go to the park?”

“Objection, leading—”

“It calls for a yes or no answer, it does not suggest the answer,” Diane snapped before the judge could answer. “Go back to law school—”

“Objection overruled,” the judge interrupted. “Ms. Miller—”

“My apologies, Your Honor.” Diane looked back at Lulu. “Ms. Spencer, September 14?”

“I went to the park, yes.” Lulu cleared her throat, then fidgeted with the microphone.

“Did you go with anyone else?”

“Yes. My brother. I met him at the pier because he’d been staying with our brother on Spoon Island.”

“Why were you meeting with your brother?”

“Objection, to the extent it calls for hearsay—”

“Mr. Frazier—” The judge leaned forward. “This is not a murder case. This is a family court proceeding. Objection overruled.”

Lulu was thrown off by the interruption. “Uh, I wanted to talk to him. About the divorce. And the custody. I was angry. Because he was making everything harder. Um, I knew he was trying to force Elizabeth to give him visitation with Jake and he was using Cameron to do it. I wanted to talk him out of it.” She tucked a piece of her hair behind her ear. “So we were in the park, and we went towards the playground.”

“What happened when you reached the playground?”

“Objection—”

“What, if anything,” Diane said, through clenched teeth and a dirty look at Lucky’s lawyer, “happened when you reached the playground?”

“Oh. Um, we saw Cameron first. In the sandbox, playing. Elizabeth was there, too. And Jason. They were at a picnic table. Jason was holding Jake, and Lucky got all mad—”

“Objection—”

“His face got red and I saw him fist his hands,” Lulu said. “That’s how I know he was mad. Sorry, I know I’m supposed to describe what I saw.”

“Objection overruled,” the judge said. “Ms. Spencer, please wait for me to rule before you continue answering.”

“Sorry. I’m just—I’m nervous.” Lulu licked her lips, focused on Diane.

“That’s all right. What happened then?”

“Cameron was so happy—he scrambled out of the sandbox, and he ran so fast he nearly tripped—” Lulu smiled faintly. “And he was smiling, calling out for my brother—calling him daddy. But Lucky—he just held up his hands to stop Cameron from coming near him.” Lulu demonstrated, raising her own.

Lucky dipped his head, the regret and bitterness swamping him again. He was going to lose everything for a single incident. For one terrible reaction.

“Cameron didn’t seem to understand. Of course he didn’t. He was just—he’s a baby. So he kept coming anyway, and he hugged Lucky’s leg.” Lulu’s voice faltered, and she swiped at her cheek.

Lucky couldn’t look over at the other table, didn’t want to know what Elizabeth looked like as his sister recounted that horrible day.

“What did your brother do, if anything?” Diane asked.

“He picked Cameron up and he—he held him away—like maybe you would when a baby has a smelly diaper—” Lulu, again, demonstrated, by stretching his arms. “Cameron was confused at first, and then started to cry. Lucky shoved him into Elizabeth’s arms and told Cameron to ask his mother why he couldn’t be with him. And then he walked away.”

“Objection, hearsay.”

“Statement is an admission of a party-opponent,” Diane said immediately.

“Overruled, Mr. Frazier. Once again, this is family court and a certain amount of hearsay is allowed.”

Lucky grimaced. He knew his lawyer was just trying to keep out of the worst of the statements, but it probably wasn’t helping.

Nothing would.

“Did Mrs. Spencer or Mr. Morgan react in anyway?”

“I don’t—I left right away. To go after Lucky. But not that I saw. I think—I don’t know. It happened so fast. Elizabeth looked so surprised, and Jason—he wouldn’t have done anything—” Lulu paused. “I don’t know. I left. But I could hear Cameron sobbing — I didn’t stop hearing it until we were far enough away.”

“Thank you, Ms. Spencer.” Diane turned to Lincoln. “Your witness.”

Lulu finally looked over at the table, and met Lucky’s eyes. The shame he already felt amplified as he saw the distress in his little sister’s expression. She had seen herself in Cameron that day. He didn’t know if she’d ever respect him again.

“No questions, Your Honor.”

“Ms. Spencer, you may step down.”

Lulu hurried out of the witness box, and practically ran out of the courtroom.

“I’d like to call my final witness, Elizabeth Spencer.”

——

Lulu’s testimony had been terrible to sit through — to hear that Elizabeth’s own reflections of the matter were right — that it had been as dreadful as she remembered.

Elizabeth took the oath and settled herself in the box that Lulu had just vacated. In the back of the courtroom, she saw Sam sitting in the back row, a smirk on her face.

“Mrs. Spencer.”

Elizabeth focused on Diane. Her lawyer waited another moment. “Can you describe for the court, the situation in which you found yourself last fall when you discovered you were pregnant?”

“I—” Elizabeth fisted her hands in her lap, then looked at Jason. Found the reassurance she needed. “My marriage was on life support. In mid-August, I learned that my husband was not only having an affair, but that he was addicted to pain medication. We’d been having a rough time since he’d been injured,” she continued. “He thought I was having an affair with a friend from work, but I wasn’t.”

“Were you having an affair with Jason Morgan prior to mid-August, prior to learning about Mr. Spencer’s affair?”

“No. No,” Elizabeth repeated. “Jason and I have been friends for years. We—years ago, we were sort of dating. But it never went that far. I was—it just didn’t work out, and we both moved on. But we reconnected again last spring as friends. I knew Lucky was struggling after the injury, and Jason was a—he’s a good listener. And he helped me work through my worries.”

“But nothing physical happpened?” Diane asked.

“No. I wouldn’t have—as bad as things were with Lucky, I was still committed. For better or worse. I meant that part. And he’d gotten hurt trying to save me. How could I hold it against him? But he was so angry. All of the time. And with me.” Elizabeth took a deep breath. “Then, in August, I found him in bed with another woman. I confronted him about that, about the pills, and it was like—he made it my fault. He threw the colleague in my face, but I didn’t understand. Patrick—” She grimaced. Oh well. “Patrick and I were just friends. Back then, I barely even knew him.”

“After this argument, what happened?”

“I took Cameron and I went to my grandmother’s.” Elizabeth bit her lip. “But then I went back to the apartment, trying to tell myself that I made vows, and Lucky was clearly addicted to the pain pills. It all had to be part of that, didn’t it? Because—” She looked at Lucky for the first time, but he was staring at the table. “Because we loved each other. And I’d made those vows. I’d promised him. I wanted to keep that promise.” She paused. “He had the other woman in our apartment. In our bed. The same day I’d left him. Twice within twenty-four hours—” Her voice faltered and she looked down. “So I left.”

“And went where?”

“To where I always go when things fall apart.” Elizabeth looked up then, at Jason. “To Jason.  I knew he’d talk me through it. He’d make me understand what I’d done wrong. Why this was happening to me. He always does.”

Jason scowled slightly, and she knew it was because he’d remembered that night, and how she’d asked him, desperately, What’s wrong with me? Nothing. He’d told her that, almost angrily. Nothing was wrong with her.

“Mrs. Spencer, what happened when you got there?”

“Jason wasn’t having a good night either. Um—” She flicked her eyes to Sam in the back, and the other woman was glaring at her, almost malevolently. “It’s not important why. Just that we were both—we were hurt. So we started talking about the old days. Our friendship from before. When we’d sort of dated a few years ago. I think maybe we were both thinking about the road not taken.” She exhaled slowly, her chest didn’t feel so tight. “I know I was. Maybe if I’d been stronger, or more stubborn, or something—maybe I wouldn’t have made so many mistakes. We slept together that night. And I stayed until the morning.”

Elizabeth waited a moment, to gather her thoughts. “The next morning, I went home, and Lucky seemed to be a different man. He was promising to get clean, to be a better husband. And—I’d made those vows, hadn’t I? He wanted to get clean. If I left him, wouldn’t he just…wouldn’t he fail? How could I live with myself if I didn’t stick by him? Marriage is supposed to be hard. I knew that. So I…I stayed.”

“Did Lucky get clean?”

“No. No, he didn’t. I didn’t know for sure yet first. I found out I was pregnant, and I was just—everything was so complicated. If I told Lucky the baby might not be his, what would he do? And I didn’t even know. What if I blew up his recovery for nothing? And Jason—God—how would this affect his life? He wasn’t planning a child.” Her mouth twisted. “Not with me.”

“What about Lucky? How was his recovering progressing?”

“I found pills. I was so angry, so furious—here I was, pregnant, scared to death about what it might mean, trying to find the courage to tell Jason that I was going to ruin his life—and I’d sent Cam to stay with my grandmother so that I could be there for Lucky—and he was still on the pills—” Her voice broke, and she had to suck in a deep breath. Diane handed her a box of tissues.

“How did you find out?”

“I found them in his jacket. I—I was so stupid,” Elizabeth murmured, her mind drifting back. “So stupid. I confronted him. And he was angry, too. And somehow it was my fault again, which—I don’t know. How could it be my fault? He didn’t know about Jason. And I didn’t—” She shook her head. “I tried to leave, but he grabbed me. He stopped me.”

At the table, Jason tensed, and she couldn’t look at him. She could only look at Diane. “He stopped me. He grabbed my arms and shook me. He told me I couldn’t leave.”

“Did you leave?”

“Not—I couldn’t. He wouldn’t let me go. So I—I tried to get away, and then I was on the floor.” She crushed the tissue in her first. “I was on the floor, and he was confused. And then Nikolas was there.”

And Nikolas was there again today, sitting behind his brother. She hadn’t let herself focus on that. She found him now in the audience, his expression somber.

“Nikolas got me out of there. He took me to the hospital. Um, I left after that. I couldn’t keep—I couldn’t keep going. I told Jason, and he took a paternity test.”

“And then you lied about the results,” Diane said. “Why?”

“I didn’t mean to. It’s just—Lucky checked into rehab when he found out about the baby. He hadn’t known until after I left. And this time, he was getting real help. And Jason—he was back together with his ex-girlfriend, or almost. And—I didn’t mean to,” Elizabeth repeated. “The results—they came in. And Jason wasn’t there. A friend of his was, and she thought she knew the results. I didn’t—I didn’t tell her. But she assumed for whatever reason that it was Lucky’s baby, so she went to tell Jason that.”

She swiped at her tears. “When I got there, Jason told me that he knew the baby was Lucky’s, and that it was for the best, and I just—I just kind of fell apart. On the inside. Because part of me had been relieved Lucky wasn’t the baby’s father because I wanted to get out. I wanted to be done. But I thought—” She shook her head. “I’m not proud that I let him believe that. But I thought it was how he wanted it to be. For the best,” she murmured. “For all of us. And, on the surface, yes. It made it easier. Lucky would never have to know. He could get clean, and Jason could have a life with—with someone else.”

“Did you ever try to tell the truth?”

“I started to a thousand times,” Elizabeth said with a sigh. “But there always seemed to a be a reason not to. And Lucky actually—he went into recovery. He’s stayed that way, and I’m proud of him for that.” She looked at Lucky, hoping that he would raise his head. But he didn’t. “And Jason was trying to have a baby with his girlfriend, so I don’t know. I just—I let it go. For a while.”

“The time came when you told the truth.”

“Yes. Yes, um—” Elizabeth sighed, looked up at the ceiling. “The Metro Court. Hostage crisis. I was—Jason and I got trapped in the elevator, and I was so scared I’d do, and he’d saved my life, and I just blurted it out. I was going to tell everyone the truth after that, but I didn’t. I kept lying. I’m not proud of that. I asked Jason to keep—” She bit her lip. “I asked him to let Lucky raise the baby. Lucky wanted us to get back together, and I was just—I was so tired. And lonely. And scared.”

“Jason agreed?”

“He had his reasons, I know that. And I had no right to ask him. No right at all. It was just—it was a terrible mistake. And it kept getting worse. I wanted it to be over. I married Lucky again, and it was a mistake. I’m sorry for it. I wish I hadn’t. I felt like I was trapped under all of these lies, and if I tried to tell the truth, it would just mean I’d spend the rest of my life digging my way out, and I knew how angry everyone would be. And I was just—” Elizabeth closed her eyes. “I was so tired. I just wanted it all to go away.”

“But you told the truth on the stand in August,” Diane said, her tone almost kind. And Elizabeth was grateful she hadn’t probed more deeply into why Elizabeth had asked Jason to continue the lie. She’d admitted the shameful truth to Jason once, and that was more than enough for a lifetime. He’d forgiven her, and she really wanted to move on.

“I couldn’t keep lying. I couldn’t—to stand in front of the entire world—I looked at Jason, and I just—I couldn’t tell the world he wasn’t Jake’s father. I couldn’t keep doing this. When Jake got kidnapped, it was Jason who found him. He brought him home, but Lucky put him in jail for going across county lines while on parole. That’s how Lucky thanked him for bring Jake home. By sending him back into lockup. He’d sacrificed his freedom and I was supposed to keep lying? Looking right at him? I couldn’t. I’m sorry for how it came out. I know it was the worst way. I know it was worse for Lucky. And I’m sorry. But I just—I couldn’t.”

“All right.” Diane reshuffled her papers. “Your sister-in-law testified about the incident in the park on September 14. Does her recollection match yours?”

Relieved to be off that terrible topic, Elizabeth took a deep breath. “Yes. Cameron was devastated. He kept screaming that he’d be a good boy. And he was crying when we got home, and just…so listless the rest of the day. He’s usually so full of energy and life, and laughter. And he couldn’t be cheered up. I couldn’t fix it. And I’d started it. I knew it was my fault, partially. But Lucky finished it. Whatever I did to him, however I hurt him, I can take it. But Cameron—he’s a baby. And he wanted his daddy. And Lucky walked away.”

Diane paused. “You’ve separated from Mr. Spencer twice in the last year. Between September 2006 and March 2007, did Mr. Spencer ask for visitation?”

“No. We saw him at Christmas, but no. He never saw Cameron. Never asked to. He was in rehab for part of it, but no. Other than that.”

“And since the date of separation?”

“No. He’s never asked to see Cameron.”

“Thank you. No further questions.”

“Mr. Frazier.”

Lincoln Frazier got to his feet. “Mrs. Spencer, where do you currently reside?”

“Harborview Towers.” Elizabeth lifted her chin, met the lawyer’s gaze head on.

“Do you live alone?”

“No. I live with Jason Morgan, the boys, and Damien Spinelli, a family friend.”

“When did you move in?”

“September 14.” Elizabeth looked at Lucky, a bit more coolly, and now he raised his head. Their eyes met. “After the park. I decided there was no point in pretending it wasn’t where I wanted to be to spare anyone else’s feelings.”

“And if this custody hearing should conclude in your favor, what are your intentions once your divorce are finalized?”

Elizabeth frowned. “I don’t understand the question.”

“Do you intend to marry Mr. Morgan?”

“We haven’t discussed that.”

“Does he intend to adopt Cameron?”

“Yes.” Elizabeth paused. “We never discussed that until after the park. Until then, Jason supported my position entirely. But after that, yes, we decided that Jason would adopt Cameron. It’s my intention to do that regardless of this custody hearing. As his mother, I have the right to object to any attempt Lucky may make with regards to Cameron. He had two years to adopt him. He chose not to.”

“And what happens if my client wins?”

“The judge will decide that. That’s not up to me. All I can do is present my case.”

Lincoln waited for a long moment. “You married my client a second time. You renewed your vows. Even after you wanted to leave. Did you love my client at the second wedding? Did you want to marry him?”

“Part of me will always love Lucky,” Elizabeth said. “So the answer to that is yes. I still had hope that we’d be able to make something work. I wanted to believe in the dream we’d had since we were teenagers. But I didn’t recognize that we’d both grown apart. That we were too different. That I didn’t love him enough. I’m sorry for that. But it doesn’t change what I believe to be right for my children.”

“No further questions.”

——

Lucky exhaled slowly as Elizabeth finally stepped down and returned to the table with Jason. It had been worse than he thought to sit through all of that, to remember all the ways he’d battered Elizabeth down during those terrible months last year.

He’d wanted to believe that he’d recovered. That he’d tried hard enough the second time around to be redeemed. That he hadn’t done anything to deserve the way things had happened — not this time.

But the truth of it was that he’d destroyed enough of Elizabeth’s love and respect for him that they were always going to end up here. He’d done nothing but hurt her for years.

“Your Honor.” Lincoln got to his feet. “I’d like to call my first—”

“I don’t want to testify.”

Lincoln stopped, looked at Lucky. “What?”

“What?” Diane demanded.

Lucky got to his feet, looked over at Elizabeth, at Jason. Ignored the bitter hatred that licked at the back of his throat. “I never—I never thought about all the ways I broke you,” he managed. “All the ways I made you feel like it was your job to fix me.”

“Lucky—” Elizabeth began, but Diane put up her hand.

“Mr. Spencer—”

“Your Honor,” Lucky said, cutting off the judge. “I love Cameron. I love my son. I will always love him. I love both of them. I did this so that no one could ever say I was like my father. That I ran away when it got hard. I thought—last year, I was addicted to pain pills, so I ran then. But this—I’m clean now. I’m strong enough, I thought. And I am, I guess. I could keep dragging this out. I could appeal if I lose today. I could keep fighting. But I never stopped to think—” He took a bracing breath, almost surprised at himself. “I never stopped to think about how much damage I’d already done. How much I’d already ruined.” He looked at the judge. “I want to do what I should have a long time ago.” And now he looked to Elizabeth, who was crying. “I want to let you go. I want to let us go. We’re not those kids anymore, Elizabeth. And I’ve ruined too much holding you to promises we made in a church a lifetime ago.”

He cleared his throat. “I can withdraw my custody petition, right? Or you can just—you can give Elizabeth custody. Okay? Let her win. She’s an amazing mother, and I know—I know she’ll love them the way they deserve. What I did to Cameron—she never would have done that. So whatever makes this easy, do that. But I’m not fighting anymore.”

He sat down, his head clear for the first time in a long time. And strangely, relieved.

It was over.

“All right,” the judge said almost cautiously. “Then I rule in favor of Elizabeth Spencer, and award sole legal and physical custody of Cameron Hardy Webber and Jacob Martin Spencer.”

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