Damaged (24 page)

“Oh man.” Judy picked up the top set of papers, flipping through them. “He's going to depose a ten-year-old?”

“Patrick is the soft spot, which makes him the target.”

“Why is he doing this?” Judy tossed the papers back on the desk, in disgust.

“He's trying to pressure me into settling, using Patrick as leverage. He'll do whatever he can to hurt Patrick so I'll write a check to make it stop.”

“Maybe he
is
related to Machiavelli.”

“Now you see.” Mary tried to set her emotions aside, hate-eating her bagel. “So I'm thinking that if Patrick came to live with me temporarily, I can help him through.”

“How long is temporary?”

“Six months to a year. By then he'll be through the worst of his grief, he'll be set up at Fairmount Prep, have been in therapy, and his reading skills will have improved.”

“But how do you have the time? You're too busy to even take a honeymoon.”

“I'm going to have to change things around.” Mary had been mentally rearranging her schedule. “I'm a partner now. I don't have to take cases from Bennie anymore, and I'll just say no to new cases and referrals. If we have to, we'll hire a contract lawyer or a paralegal.”

“So you'll cut back on your hours?”

“Yes, and I'll work from home when I can. I'm sure I can hire somebody to get him after school and babysit him at the house. I have the money, he'll get the best of care. It's only temporary.”

“But will you really be able to let him go, in the end?” Judy's Delft-blue eyes narrowed with skepticism.

“It won't be easy, but I will.” Mary felt her chest tighten but pressed that away. “Right now, I need to get him. I can't let him stay in the foster system. Do you know what that's like?”

“What about his psychological issues?” Judy frowned in concern. “He pulled a gun on you.”

“He wasn't going to shoot and he felt backed into a corner. He'd lost his grandfather the night before. Can you imagine, being forced to move the very next day, at that age?” Mary felt her gut twist and wondered if wolfing down a bagel and coffee was a good idea.

“Where'd he get the gun?”

“Edward must've had it somewhere.”

Judy pursed her lips. “But what about the drawings, the bloody drawings?”

“I explained that to you. It's the same thing, the war stories that his grandfather told him about. His grandfather was his world, and the house was the only place he felt safe. That's why he pulled the gun.”

Judy pursed her lips. “You're making excuses for him, Mare.”

“No, not at all. I just understand him. I get him.” Mary gulped some coffee, which was hot and perfect. “I'm not being naïve, I know he has issues, but they're not issues that can't be dealt with, and I have the resources. I have money, I have time, I have everything. And he has nothing.”

“It sounds like you feel guilty about that.”

“Of course I do. Have we met?” Mary smiled, but Judy didn't.

“But that's not a reason to take him. You can't feel responsible for the world. You're
not
responsible for the world.”

“That's not the reason I'd be taking him. This isn't about me, it's about him, and I just think it's the right thing to do. In foster care, he's going to get shuffled from house to house, and he's not the kind of kid who can handle that.” Mary felt herself getting emotional, but kept it in control. “I can't turn my back on him. I can't pretend not to know what I already know. He's an orphan.”

“Edward didn't appoint a guardian for him in the will?”

“No. I think he just avoided the issue, but he took care of the financial end, just like you'd expect from an accountant. And believe it or not, Patrick inherits about $350,000.”

“That's great.” Judy perked up. “I wish
I
had that much.”

“The estates lawyer is going to get the will probated, and I have to be named Patrick's legal guardian before I can use any funds for his expenses. I need to get into court. The law favors kinship care, which is what they call it when a family member or someone else steps up to be guardian.” Mary thought it over. “You don't really think this is crazy, do you?”

“No, I get it,” Judy answered, with a sad smile. “But it's such a major change in your life and it happened on a dime.”

“Just like that.” Mary had thought of that phrase before, when it came to death. But maybe it applied to life, as well. “You really don't know where life leads you. You just have to respond.”

“Like falling in love.”

“It kind of is.” Mary felt a peace inside.

“Is he cute? I don't want a temporary nephew who's ugly.”

Mary felt her heart lift. “My God, I didn't even think about that! You would be his aunt. Temporary Aunt Judy!”

“Yay!” Judy's eyes lit up. “We have a baby but we don't have to
have
a baby. I could teach him to draw!”

“There you go!” Mary smiled.

“But you haven't talked to Anthony yet.” Judy made a funny face. “Ruh-roh. What's hubby going to say?”

“I don't think he'll love the idea initially, but I think he'll understand why it's the right thing to do. And once he meets Patrick, he'll be totally on board.”

“Your parents will be over the moon.” Judy grinned.

“Agree. They don't care where they get a grandkid, just so they get one.” Mary switched mental gears. “So, do you know anything about guardianship law?”

“That's a trust-and-estates issue.” A slow smile spread across Judy's face. “That was John's expertise before he came here.”

“Our John? John Foxman?” Mary thought of her outburst the other day in the conference room.

“He's in. I noticed his door's closed down the hall.”

“I guess I have to apologize to him.” Mary rose, taking a last bite of her bagel.

“Say you're sorry like you mean it when you do,
Mom
.”

“Thanks.” Mary picked up her coffee, left her office, and went down the hall to John's, where she knocked on the door.

“Come in,” he called from inside, and Mary opened the door, not surprised to see him in a white Lacoste shirt and khaki pants. Neat stacks of documents sat on his desk, and on his bookshelves were Bisel's Pennsylvania Orphans' Court Lawsource,
Trusts and Estates Magazine
, and
The Philadelphia Estate Practitioner Handbook.
Accordion files sat in alphabetical order atop his file cabinet, and his diplomas and certificates of admission hung on the walls. There was nothing personal about the office except for a signed photo of some tennis player.

“John, hi.” Mary managed a smile.

“Oh, hi.” John straightened at his laptop, blinking behind his glasses.

“Listen, I'm sorry that I snapped the other day.”

“Not a problem.” John smiled stiffly.

“Hey, do you know anything about guardianship law? The little boy in that special education case needs a guardian, and I want to be it.”

“I can tell you exactly what to do. I know everything about guardianship in Pennsylvania.”

“How is that? I thought you were a litigator before.”

“I'm my brother's guardian. He has cerebral palsy.”

“Oh, I didn't know.” Mary's mouth went dry.

“No one does, here. So you see, I would
never
make fun of the disabled. I know better.”

Mary felt like a total jerk. Obviously, there was more to John than she'd thought.

“So.” John gestured to a chair opposite his desk. “Come in and tell me about your case.”

 

CHAPTER TWENTY-EIGHT

“Mary, let me clarify where you stand now,” John said, after she brought him up to speed. “You currently have three lawsuits pertaining to Patrick. Primary at this point is the dependency proceeding, during which you hope to be appointed his guardian. Second is the special education matter, under which you are hoping to transfer him into Fairmount Prep. Third is the Common Pleas Court matter, and you are defending the allegations of assault against the teacher's aide.”

“Exactly.” Mary realized the litigation had gotten suddenly very complicated.

“So do you have any questions for me?”

“Yes, what happens at a dependency hearing? Is the procedure different from a matter in Common Pleas Court or in federal court? It's a judge, not a master, right?”

“First, call it a ‘shelter care hearing.' That's the term they use in Family Court.” John folded his hands on his desk. “A shelter care hearing is held in front of a judge or a master, and the procedures are different than other courts. The rules that govern shelter care hearings and any subsequent hearings are the Pennsylvania Rules of Juvenile Court Procedure.”

“Good to know.” Mary assumed she could find the rules online. “So we go to the shelter care hearing, and basically, my job is to prove that I would be a good guardian for Patrick, is that right?”

“Roughly put, yes.” John frowned. “But you don't represent yourself in the shelter care hearing. You understand that, don't you?”

“No.” Mary blinked.

“A shelter care hearing is more like a trial than an oral argument. You have to present evidence.”

“So testimony is taken through witnesses?”

John nodded. “You have to prove you're a good guardian. That won't be difficult because you easily qualify, but you're going to have to take the witness stand. You're going to be subject to direct examination by the City Solicitor and the Child Advocate.”

“So I can't represent myself.” Mary realized this was more complicated than she had thought. “So what do I do?”

“You need a lawyer.”

Mary wondered when law got so complicated that even the lawyers needed lawyers. “Where am I going to get a lawyer, this quick? I wanted to go to court on Monday.”

“I'll represent you,” John answered without hesitation.

“Really?” Mary's face burned. “You don't have to do that.”

“I want to. I'm happy to do it. Really.” John smiled, genuinely. “I meant it at the staff meeting, I do want to work with you.”

“Do you have the time?”

“I'll make the time. Family law is like that. Everything's an emergency, and you have to drop everything. Have you ever been to Family Court before?”

“Never.”

“There's a new courthouse on Arch Street, and it was designed to combine all of the matters that encompass family law—divorce, custody, protection from abuse, juvenile law, termination of parental rights, adoption, and dependency cases. When we go over there, you'll see what I mean. It's a courthouse unlike any other.” John paused, his smile fading. “Family law makes and breaks families. It's the most important—and emotional—law there is. It has that in common with special education law, as you correctly pointed out.”

“I'm sorry,” Mary said again, but John dismissed her with a wave.

“I mention it only to say that family law is subject to all of the vagaries that make us human. My motto is, expect the unexpected.”

“That worries me.”

“It shouldn't.” John smiled. “We can handle anything.”

“What will be our argument for me to become his guardian? Just that I'm an upstanding citizen, no criminal record, care about him, stuff like that?”

“Again, roughly, that's true. Our main argument is that under Pennsylvania law, the judge must place the child consistent with the child's best interests in the
least restrictive setting
. It's been interpreted in case after case that kinship care is much less restrictive than foster care. In other words, you trump foster care.”

“Thank God.”

“It's true that you would nevertheless have to qualify and become a fully licensed foster parent within sixty days, but you won't have a problem with that. There's an adjudication hearing ten days after the shelter care hearing, but if we win at the shelter care hearing, you're home free.”

“Do you think we'll win at the shelter care hearing?”

“Yes. The only argument they can make involves Patrick's pulling the gun.”

“What's their argument, if I'm not worried about it? If I'm willing to assume the risk, why do they care?”

“This isn't tort law, so an assumption-of-risk analysis doesn't come into play. The City Solicitor will represent DHS and she'll argue that DHS should retain custody because of danger to you and others, but also exposes the City to liability. I think we can meet those arguments to the judge's satisfaction.”

“How? My testimony?”

“That's not all.” John turned to his laptop, hit a few keys, and started reading his screen, his sharp blue eyes darting back and forth as he read. “We're going to stack the deck.”

“I don't know what you mean, but I like the sound of it.” Mary leaned forward, intrigued.

“I over-prepare for every shelter care hearing. It's just my way. Some lawyers would walk into court with just one witness. You. That's not how I work. You may be the most important part of our case, but you're not the only part of our case.” John spoke as he hit another key. “Take a look at this.”

Mary rose, came around the side of the desk, and looked over his shoulder to see a list of attorneys' names on his laptop screen.

“Most of the shelter care cases are heard by Judge Green, and he's very good. He has a list of Child Advocates whom he appoints to advise him, and the Child Advocates are appointed in a rotating order.”

“What's a ‘Child Advocate?'”

“Excellent question.” John looked up. “‘Child Advocate' is the term of art for lawyers trained to represent children in custody, termination, dependency, and adoption cases. The job of the Child Advocate is to speak for the child because the child doesn't generally come to court, not a ten-year-old. In other words, a Child Advocate will say what the child wants.”