Chapter 32: Tate v. Simmons

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Before you start reading, just know that I have 3 degrees and none of them are in law

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Before you start reading, just know that I have 3 degrees and none of them are in law. Carry on!

February 5, 2015

Tuscaloosa Family Court

Omniscient

" All rise! The Honorable Judge Kathy Wyatt, presiding."

Everyone stood quietly as the middle-aged Caucasian woman approached the bench. Zach sat to the left of the courtroom with his lawyer, Mrs. Jensen. Behind him sat Elise, Mama Viv, and Jayme. To the right of the courtroom sat Jhene with her attorney. Behind her, sat her mom, and best friends Xorielle and Leslie.

The judge raps the gavel against her podium, " Case AL-34071, Tate vs. Simmons is now called to order." She raps her gavel again. " You all may be seated." As everyone lowered themselves into their seats, Elise reached forward and massaged Zach's shoulders briefly. Jhene noticed the brief encounter and rolled her eyes in annoyance. She was not sure why Elise was here when this was apparently none of her business.

" Will all witnesses testifying on today, please stand so that you can be sworn in at once," the Bailiff called out. All the witnesses stood, even the unnoticed witness seated near the back. They were sworn to tell the whole truth and nothing but the truth so help them, God. They all responded in the affirmative to the Baliff's request.

" I am granting the motion before the court to exclude the children in the proceeds. If at the end of the hearing I feel the need to speak with them, I will speak to them individually in a different setting. Are there any questions," Judge Wyatt paused for an answer. " Since there are no questions, I will open the floor for opening statements from the Plaintiff followed by the defendant," Judge Wyatt said resting back in her seat.

Mrs. Jensen stood to her feet, pulling gently on the navy blue blazer of her pants suit. " Your honor, my client, Zachary Tate, comes before you seeking legal joint custody of his children Zykese and Zakiya Tate. Our goal today is not to prove Ms. Simmons unfit, but rather to establish custody so that Mr. Tate will be able to spend time with his children outside of the discretion of Ms. Simmons. My client has been physically and financially present in his children's life. He even has an established court order for child support. Today we seek to prove that Ms. Simmons has purposely withheld visitation from Mr. Tate for her own selfish reasons. By the end of the proceedings, we hope that you will see that my client is entitled to just as much custody as their current custodial parent, Ms. Simmons."

Mrs. Jensen returned to her seat and gave Zach a reassuring smile and a ginger pat on the knee. Zach gave her a small smile in return and looked slightly over his shoulder at his wife who gave him a gentle nod of affirmation. Jhene's attorney, Mr. Albright, stood up buttoning the two buttons on his suit coat. He took a small sip of the water that set perched on the corner of his table. As he moved to the front of the desk, Jhene sat upright in her seat. She glanced over at Zach whose eyes were on her attorney, and then back to her mother who gave her thumbs up for assurance.

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