![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
missmara13I've mentioned this idea before. Frank returns to his old ways and becomes abusive towards he and Julie's son, Jake. Julie chooses 'love' over her child and Ryan is not having it, so he files for custody of his little brother.
Ryan tended to mark his life in Befores and Afters. Before Frank went to Prison, After they moved to Chino, Before being kicked out. After the Cohens took him in. Before High School Graduation. After Marissa died. Before Frank put Jake in the ICU. After Ryan turned his life upside down.
The most terrifying night of his life was the night he got the call from Kaitlin telling him that Jake was in the ICU with multiple broken bones and skull fractures, that Frank had literally picked up the four year-old and thrown him across the room. That Frank was arrested but Julie was bailing him out. By the time they got to the hospital the next afternoon, Ryan was there and had already spoken to the police and a lawyer, as well as the hospital to make sure Frank could not get anywhere near Jake. He knew it was a temporary thing, Frank would most likely find a way to lie and get out of it, but Ryan had a plan for that.
"You can't keep him from his son!" Julie protested loudly.
"The son he put in that bed!" Ryan snapped back, keeping his voice low, but the anger was radiating off him. "I let go of everything he did to me when I was a kid, because he swore he had changed, he promised me he would never hurt Jake like he did me and Trey, and..."
"Trey probably deserved it," Julie muttered.
"Trey had a skull fracture at eight years-old," Ryan said coldly. "I remember him being in a hospital bed after he wouldn't wake up the next morning. I remember that happened because Frank threw him down the stairs at our apartment in Fresno. Trey was eight years-old. He was a child, Julie. No child could ever do anything to deserve what Frank did to us, what he let other people do to us. And now you are letting him do the same to Jake, and I... I am not going to just stand by and let that happen! Trey spent years trying to find a way to save me from Frank, and Dawn, and her boyfriends, and their dealers, and he couldn't because he was just a little older than me and he never had anyone teach him how to take care of himself and be an adult. But I... that is my baby brother in there. And I am not a child, and I did have people to teach me. I can do so much more than he could have, and I going to. I already talked to a lawyer, you should probably call one yourself. I'm seeking custody."
"You can't do that," Julie said, stunned.
"You bailed out the man who put your four year-old son in the ICU," Ryan said. "I can and I am. I refuse to let Jake grow up like I did. Because even if this was the first time? It won't be the last. And next will be the dealers in the house, and when he can't pay... my brother is not going to pay the price for Frank's debts. Not like me and Trey."
"He's trying to take my baby!" Julie cried to someone behind Ryan. "It's not enough he let Marissa die, now he wants to take Jake from me!"
Ryan turned, startled to find Sandy and Kirsten behind him, their expressions a mix of confusion and horror. He froze for a moment, wondering how much they had heard, then shook his head. "Let me make myself very clear," he told them. "You have a choice right now. Be Julie's friend and help her take Jake home to end up in the ICU again, or dead, or worse. Or be my parents like you've spent eight years telling me you are, and help me protect my baby brother. Up to you. But just know, if you choose Julie? Even when I win custody, I will never forgive you, and you will be nothing to me."
~~~
Kaitlin paused in the door to Jake's room, lifting her phone to take another picture of Ryan sitting next to their little brother's bed. Jake's right hand, the one not in a splint, was wrapped in Ryan's left hand, while Ryan used his right hand to type on his laptop. "Sandy and Kirsten are in the waiting room," she said when he looked up. "They showed up with several lawyers, including Paulie."
Ryan frowned, wondering why his lawyer, the one handling the custody fight, had shown up with the Cohens, and set asde the laptop, waving Kaitlin in to take his seat and hold Jake's hand. They had agreed that as long as the ICU allowed it, one of them would be there all the time, and they had been taking turns for the last thirty six hours. "He was moving around some earlier, so he might be waking up," Ryan reported. "Just make sure..."
"If he does, I will get someone to come let you know immediately," Kaitlin promised, kissing his cheek.
As he entered the waiting room, Ryan crossed his arms defensively over his chest. "What's going on?"
"How's Jake?" Kirsten asked.
"Depends on why you're asking."
"Because he's your brother, because I've known him since he was born and he's Sophie Rose's best friend," Kirsten said.
"Not so you can run and tell Julie?" Ryan asked.
"Ryan, why would you think for even a moment that we would choose her over you?" Kirsten asked. "You are our son."
"I put a bunch of my students and former students on gathering case precident for siblings taking custody," Sandy said, gesturing at the lawyers in the room. "And convincing Mr. Montenegro we were on the same side."
"They gave me some damn helpful cases to work into our suit," Paulie said.
"Thank you," Ryan said, nodding. "And Jake's getting more alert. He could wake up anytime now."
"Then we'll keep this short so you can get back to him," Paulie said.
"I told Julie that considering all the evidence, both of what happened to Jake and your childhood, and the fact that she bailed Frank out rather than staying with her young son, they stand almost no chance of winning a custody suit," Sandy said. "Their best option, particularly if they want Frank to stay a free man, is to give up their parental rights to you. I also told Julie that if she agreed to that, then you might be willing to let her see Jake on occasion. But just her, not Frank. She agreed as long as you allow visitation."
Ryan sighed. "I don't wanna keep him from Julie. For all her faults, she's still his mother..."
"And she let this happen," Kirsten pointed out. "You'll win if it goes before a judge. I don't have a doubt."
"But most likely Jake will have to talk to social workers, and lawyers, and the judge about what Frank did, over and over again..." Ryan said. "I remember when Frank went to jail, having to talk about what happened... I don't want to put him through that. And I know what it's like to have a lousy mother, to not have one at all because she threw me away, and I know how much that hurt. I don't want Jake to feel like I did. If he can see her sometimes, then he can know she loves him, but she just wasn't able to be the kind of mom he needed and deserved." He looked down at his hands. "If she signs paperwork stating that she will never let Frank be present for any visits, then I will allow contact. There will be rules and conditions, but I'll allow contact. For Jake's sake. He's the one who matters here."
"What conditions are you thinking?" Paulie asked, pulling a notepad out of his briefcase.
"No Frank. If he shows up during a visit, the visit ends and there will not be any further visits," Ryan said. "That's the most important one. Second, at least to start, all visits will be supervised and in a public place. She will have to earn the right to have him by herself or at her home. Third, if Jake doesn't want to go on a visit, he doesn't go. If he wants to end one early, it ends right then. No exceptions."
"Sounds more than fair."
"If she has a problem with me supervising, then we can get someone else to do it, as long as it's someone I agree to."
"For example?" Paulie asked.
"Kaitlin Cooper," Ryan said immediately. "She may be Julie's daughter, but I know she won't let Julie break the conditions. Sandy and Kirsten?" he asked.
"Of course," Kirsten said.
"Okay, thanks."
"What about Seth?" Sandy suggested.
Ryan made a face. "I know he wouldn't delibrately let anything happen, but... Seth has the attention span of a fruit fly. He'd see a comic book store and... I'm not willing to take the chance. Not right now. Maybe when Jake's a little older."
"That's fair," Kirsten said.
"Mr. Atwood?" A nurse said, smiling, as she stepped into the waiting room. "Your brother's awake."
"Okay," Ryan said. "Paulie, can you..."
"I'll have it all drawn up for you to look over by morning," Paulie promised.
"Thanks," Ryan said before turning and hurrying back to Jake's room. For a moment, he thought the little boy had gone back to sleep, then Kaitlin smiled and leaned down.
"Ryan's here," she whispered.
Jake's eyes opened and he smiled weakly.
"Hey, buddy," Ryan said, moving forward to brush his hair back. "It is so good to see those eyes open."
~~~~
"What's with the shopping bags?" Ryan asked as Kirsten came into Jake's hospital room.
"I went with Paulie and a police escort to get Jake's things," Kirsten said. "At which point we found out that Frank decided that since Jake isn't his son anymore, then he wasn't going to keep Jake's things. They were all tossed in the trash. That... he admitted taking them to a random dumpster so we couldn't find anything to salvage. He was smug about it."
"You're kidding?" Ryan said.
"Afraid not," Kirsten said. "So, I went to the store and picked up some basics, clothes to get him through a week or so, plus several pairs of pajamas, and a some toys."
"Thank you," Ryan said. "Makes me very glad Kaitlin went by after I got here but while Julie was still bailing Frank out and got the most important stuff, like Jake's stuffed dog. The rest can be replaced."
"You are a good brother, Ryan," Kirsten said, sitting down in the chair on the other side of jake's bed and reaching across the sleeping boy to take her son's hand. "I'm proud of you."
"Don't say that yet, I haven't even had a chance to completely screw this up yet," Ryan replied.
"You won't, because you've already made him the most important part of your world. That's what a good parent does, and that's what you are now, a parent. And I know you are doing to be an amazing one, both to Jake and to any children you have in the future. Sandy and I will always be here to help you, whether it's baby sitting, or advice, or getting to spoil him rotten for Christmakkuh and birthdays..."
Ryan laughed. "Thanks." He looked over at Jake. "If I can do half as good as you and Sandy were with me, we'll be okay."
"I have no doubt you'll do better than us, because I know we made some mistakes. There were times we didn't back you up the way we would have for Seth, and looking back I regret that so much."
"I didn't always make it easy. I mean, running off to party in Tijuana? Attacking someone in the school lounge? Theresa? And that's all just the first year."
"You were fifteen and having a horrible year," Kirsten pointed out. "But I am so glad we all stuck it out. I can't imagine not having you as my son."
"Thanks," Ryan said, giving her hand a squeeze, then smiling. "Hey, Jake," he said.
"Hi," Jake replied. "Hi, Auntie Kirsten," he added, smiling at her.
"Hi, sweetie," Kirsten said, leaning forward to kiss his forehead.
"Ry said I get to live with him now," Jake said.
"I know," Kirsten agreed.
"Hey, there's something we need to talk about," Ryan said. "Auntie Kirsten went to get your clothes, and toys, and everything, but... they were gone. So, we've got everything that Kaitlin brought for you, but that's it. Auntie Kirsten bought you some more stuff until you feel better and we can go to the store. But it's not a lot right now. And I am so sorry about that."
"It's not your fault," Jake said. "Daddy always throws out my toys when he's mad at me."
"Is there anything Kaitlin didn't bring that you really want?" Kirsten asked. "I can go get it today or tomorrow."
"I've got Monster," Jake said, hugging his stuffed German Sheppard Dog close. "Him and Ry can protect me from Daddy."
"Yeah, we will," Ryan promised.
The End
I have it in my head that Ryan will bend over backwards to be 'fair' and let Julie be in Jake's life, he thinks she's a lousy one, but he's sure she does love Jake.
Ryan tended to mark his life in Befores and Afters. Before Frank went to Prison, After they moved to Chino, Before being kicked out. After the Cohens took him in. Before High School Graduation. After Marissa died. Before Frank put Jake in the ICU. After Ryan turned his life upside down.
The most terrifying night of his life was the night he got the call from Kaitlin telling him that Jake was in the ICU with multiple broken bones and skull fractures, that Frank had literally picked up the four year-old and thrown him across the room. That Frank was arrested but Julie was bailing him out. By the time they got to the hospital the next afternoon, Ryan was there and had already spoken to the police and a lawyer, as well as the hospital to make sure Frank could not get anywhere near Jake. He knew it was a temporary thing, Frank would most likely find a way to lie and get out of it, but Ryan had a plan for that.
"You can't keep him from his son!" Julie protested loudly.
"The son he put in that bed!" Ryan snapped back, keeping his voice low, but the anger was radiating off him. "I let go of everything he did to me when I was a kid, because he swore he had changed, he promised me he would never hurt Jake like he did me and Trey, and..."
"Trey probably deserved it," Julie muttered.
"Trey had a skull fracture at eight years-old," Ryan said coldly. "I remember him being in a hospital bed after he wouldn't wake up the next morning. I remember that happened because Frank threw him down the stairs at our apartment in Fresno. Trey was eight years-old. He was a child, Julie. No child could ever do anything to deserve what Frank did to us, what he let other people do to us. And now you are letting him do the same to Jake, and I... I am not going to just stand by and let that happen! Trey spent years trying to find a way to save me from Frank, and Dawn, and her boyfriends, and their dealers, and he couldn't because he was just a little older than me and he never had anyone teach him how to take care of himself and be an adult. But I... that is my baby brother in there. And I am not a child, and I did have people to teach me. I can do so much more than he could have, and I going to. I already talked to a lawyer, you should probably call one yourself. I'm seeking custody."
"You can't do that," Julie said, stunned.
"You bailed out the man who put your four year-old son in the ICU," Ryan said. "I can and I am. I refuse to let Jake grow up like I did. Because even if this was the first time? It won't be the last. And next will be the dealers in the house, and when he can't pay... my brother is not going to pay the price for Frank's debts. Not like me and Trey."
"He's trying to take my baby!" Julie cried to someone behind Ryan. "It's not enough he let Marissa die, now he wants to take Jake from me!"
Ryan turned, startled to find Sandy and Kirsten behind him, their expressions a mix of confusion and horror. He froze for a moment, wondering how much they had heard, then shook his head. "Let me make myself very clear," he told them. "You have a choice right now. Be Julie's friend and help her take Jake home to end up in the ICU again, or dead, or worse. Or be my parents like you've spent eight years telling me you are, and help me protect my baby brother. Up to you. But just know, if you choose Julie? Even when I win custody, I will never forgive you, and you will be nothing to me."
~~~
Kaitlin paused in the door to Jake's room, lifting her phone to take another picture of Ryan sitting next to their little brother's bed. Jake's right hand, the one not in a splint, was wrapped in Ryan's left hand, while Ryan used his right hand to type on his laptop. "Sandy and Kirsten are in the waiting room," she said when he looked up. "They showed up with several lawyers, including Paulie."
Ryan frowned, wondering why his lawyer, the one handling the custody fight, had shown up with the Cohens, and set asde the laptop, waving Kaitlin in to take his seat and hold Jake's hand. They had agreed that as long as the ICU allowed it, one of them would be there all the time, and they had been taking turns for the last thirty six hours. "He was moving around some earlier, so he might be waking up," Ryan reported. "Just make sure..."
"If he does, I will get someone to come let you know immediately," Kaitlin promised, kissing his cheek.
As he entered the waiting room, Ryan crossed his arms defensively over his chest. "What's going on?"
"How's Jake?" Kirsten asked.
"Depends on why you're asking."
"Because he's your brother, because I've known him since he was born and he's Sophie Rose's best friend," Kirsten said.
"Not so you can run and tell Julie?" Ryan asked.
"Ryan, why would you think for even a moment that we would choose her over you?" Kirsten asked. "You are our son."
"I put a bunch of my students and former students on gathering case precident for siblings taking custody," Sandy said, gesturing at the lawyers in the room. "And convincing Mr. Montenegro we were on the same side."
"They gave me some damn helpful cases to work into our suit," Paulie said.
"Thank you," Ryan said, nodding. "And Jake's getting more alert. He could wake up anytime now."
"Then we'll keep this short so you can get back to him," Paulie said.
"I told Julie that considering all the evidence, both of what happened to Jake and your childhood, and the fact that she bailed Frank out rather than staying with her young son, they stand almost no chance of winning a custody suit," Sandy said. "Their best option, particularly if they want Frank to stay a free man, is to give up their parental rights to you. I also told Julie that if she agreed to that, then you might be willing to let her see Jake on occasion. But just her, not Frank. She agreed as long as you allow visitation."
Ryan sighed. "I don't wanna keep him from Julie. For all her faults, she's still his mother..."
"And she let this happen," Kirsten pointed out. "You'll win if it goes before a judge. I don't have a doubt."
"But most likely Jake will have to talk to social workers, and lawyers, and the judge about what Frank did, over and over again..." Ryan said. "I remember when Frank went to jail, having to talk about what happened... I don't want to put him through that. And I know what it's like to have a lousy mother, to not have one at all because she threw me away, and I know how much that hurt. I don't want Jake to feel like I did. If he can see her sometimes, then he can know she loves him, but she just wasn't able to be the kind of mom he needed and deserved." He looked down at his hands. "If she signs paperwork stating that she will never let Frank be present for any visits, then I will allow contact. There will be rules and conditions, but I'll allow contact. For Jake's sake. He's the one who matters here."
"What conditions are you thinking?" Paulie asked, pulling a notepad out of his briefcase.
"No Frank. If he shows up during a visit, the visit ends and there will not be any further visits," Ryan said. "That's the most important one. Second, at least to start, all visits will be supervised and in a public place. She will have to earn the right to have him by herself or at her home. Third, if Jake doesn't want to go on a visit, he doesn't go. If he wants to end one early, it ends right then. No exceptions."
"Sounds more than fair."
"If she has a problem with me supervising, then we can get someone else to do it, as long as it's someone I agree to."
"For example?" Paulie asked.
"Kaitlin Cooper," Ryan said immediately. "She may be Julie's daughter, but I know she won't let Julie break the conditions. Sandy and Kirsten?" he asked.
"Of course," Kirsten said.
"Okay, thanks."
"What about Seth?" Sandy suggested.
Ryan made a face. "I know he wouldn't delibrately let anything happen, but... Seth has the attention span of a fruit fly. He'd see a comic book store and... I'm not willing to take the chance. Not right now. Maybe when Jake's a little older."
"That's fair," Kirsten said.
"Mr. Atwood?" A nurse said, smiling, as she stepped into the waiting room. "Your brother's awake."
"Okay," Ryan said. "Paulie, can you..."
"I'll have it all drawn up for you to look over by morning," Paulie promised.
"Thanks," Ryan said before turning and hurrying back to Jake's room. For a moment, he thought the little boy had gone back to sleep, then Kaitlin smiled and leaned down.
"Ryan's here," she whispered.
Jake's eyes opened and he smiled weakly.
"Hey, buddy," Ryan said, moving forward to brush his hair back. "It is so good to see those eyes open."
~~~~
"What's with the shopping bags?" Ryan asked as Kirsten came into Jake's hospital room.
"I went with Paulie and a police escort to get Jake's things," Kirsten said. "At which point we found out that Frank decided that since Jake isn't his son anymore, then he wasn't going to keep Jake's things. They were all tossed in the trash. That... he admitted taking them to a random dumpster so we couldn't find anything to salvage. He was smug about it."
"You're kidding?" Ryan said.
"Afraid not," Kirsten said. "So, I went to the store and picked up some basics, clothes to get him through a week or so, plus several pairs of pajamas, and a some toys."
"Thank you," Ryan said. "Makes me very glad Kaitlin went by after I got here but while Julie was still bailing Frank out and got the most important stuff, like Jake's stuffed dog. The rest can be replaced."
"You are a good brother, Ryan," Kirsten said, sitting down in the chair on the other side of jake's bed and reaching across the sleeping boy to take her son's hand. "I'm proud of you."
"Don't say that yet, I haven't even had a chance to completely screw this up yet," Ryan replied.
"You won't, because you've already made him the most important part of your world. That's what a good parent does, and that's what you are now, a parent. And I know you are doing to be an amazing one, both to Jake and to any children you have in the future. Sandy and I will always be here to help you, whether it's baby sitting, or advice, or getting to spoil him rotten for Christmakkuh and birthdays..."
Ryan laughed. "Thanks." He looked over at Jake. "If I can do half as good as you and Sandy were with me, we'll be okay."
"I have no doubt you'll do better than us, because I know we made some mistakes. There were times we didn't back you up the way we would have for Seth, and looking back I regret that so much."
"I didn't always make it easy. I mean, running off to party in Tijuana? Attacking someone in the school lounge? Theresa? And that's all just the first year."
"You were fifteen and having a horrible year," Kirsten pointed out. "But I am so glad we all stuck it out. I can't imagine not having you as my son."
"Thanks," Ryan said, giving her hand a squeeze, then smiling. "Hey, Jake," he said.
"Hi," Jake replied. "Hi, Auntie Kirsten," he added, smiling at her.
"Hi, sweetie," Kirsten said, leaning forward to kiss his forehead.
"Ry said I get to live with him now," Jake said.
"I know," Kirsten agreed.
"Hey, there's something we need to talk about," Ryan said. "Auntie Kirsten went to get your clothes, and toys, and everything, but... they were gone. So, we've got everything that Kaitlin brought for you, but that's it. Auntie Kirsten bought you some more stuff until you feel better and we can go to the store. But it's not a lot right now. And I am so sorry about that."
"It's not your fault," Jake said. "Daddy always throws out my toys when he's mad at me."
"Is there anything Kaitlin didn't bring that you really want?" Kirsten asked. "I can go get it today or tomorrow."
"I've got Monster," Jake said, hugging his stuffed German Sheppard Dog close. "Him and Ry can protect me from Daddy."
"Yeah, we will," Ryan promised.
The End
I have it in my head that Ryan will bend over backwards to be 'fair' and let Julie be in Jake's life, he thinks she's a lousy one, but he's sure she does love Jake.
