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.
" Your honor we are here today with a counterclaim for sole physical custody for my client with an established visitation schedule for their father, Mr. Tate. My client, Ms. Simmons has been the sole custodial parent of both her children since birth, even while Mr. Tate pursued his collegiate endeavors. We are here to prove that it is in the best interest of the children to remain in her custody. The plaintiff will seek to tear down my client and make claims that she withheld visitation for selfish reasons. However, we will show that her choices were made in the best interest of their children."
Zach cut his eyes at Jhene as her attorney made his way back to his seat. The burly looking guy seemed winded after speaking a few sentences and making a few steps.
" The plaintiff may call the first witness," the judge said looking over at Mrs. Jensen. Mrs. Jensen stood from her seat and gathered some papers from the far corner of the desk.
" I would like to call Mr. Zachary Tate to the stand please," she said moving around the table. Zach stood to his feet adjusting his tie and made his way to the stand.
" You have been sworn in, correct," the judge queried looking over her glasses at Zach.
" Yes mam," he responded respectfully.
"You may proceed, Mrs. Jensen," the judge stated with a wave of her hand giving Mrs. Jensen the floor.
" Please state your name for the record," Mrs. Jensen said pacing slowly across the front of the courtroom.
" Zachery Tate," he responded.
" And what is your relation to Zykese and Zakiya Tate?"
" I am their father."
" Mr. Tate, can you describe for the court, your relationship with your children?"
" Those kids are my everything. Zykese is like my shadow. He mimics me in every sense. We bond over simple things like video games and ham sandwiches," he said with a chuckle. " Zakiya is a daddy's girl in every sense of the word. I swear that girl has me and my wallet in the palm of her hands. She's the more affectionate of the two, so she likes to be right up under me," Zach responded dreamily.
" Mr. Tate, can you explain to the court, exactly why you are here today," Mrs. Jensen stated ending her pacing right in front of Zachery.
" I'm here to get joint legal custody of my two children. I want to be able to spend more time with them,"
"Do you not get to spend time with them now," Mrs. Jensen interjected.
" I do, but it's limited and not always adequate for me. This time last year Jhene and I used to trade off weeks with the kids which gave me a fair amount of time with them. Around May of last year, she no longer allowed that to happen. I would ask for the children, and she would claim to have plans or flat out deny my request,"
"Objection," Mr. Albright shouted.
" On what grounds counselor," the judge asked looking at him tiredly.
"Hearsay," he responded.
" Your honor, I would like to submit into evidence Exhibit A. These are text messages and emails between Mr. Tate and Ms. Simmons. This evidence has been researched and verified by third parties,"
" I'll allow it," Judge Wyatt stated extending her hands for the papers Ms. Jensen retrieved from her briefcase. Mrs. Jensen had Zach to read aloud messages between he and Jhene beginning with the most recent ones about New Years. Zach had asked for the kids on New Years' Day since they spent New Year's Eve with her. Her response was a simple no. Jhene blew out a frustrated breath. She continually raked her fingers through her curls then softly tugged on the ends to release some of the tension she felt in her body.
" Mr. Tate, do you believe that Ms. Simmons is an unfit parent?"
" Absolutely not," Zach responded appalled at the question. " Jhene is a great parent to both of our children. She invests in their education and gives them more love than they can stand at times. However, she can be selfish with them. She can be a tyrant when it comes to them, thinking that she always knows what's best. When in fact, sometimes its more about what's best for her and not for everyone else."
" I have no further questions, your honor," Mrs. Jensen said moving back to her seat.
" Mr. Albright, would you like to cross-examine the witness," Judge Wyatt asked.
" I have no questions at this time," Mr. Albright said standing up slightly out of his seat. Jhene sent him a death glare and slightly nudged him with her elbow. He gently tapped at her hand letting her know that all was well. He planned to rectify the damage Zach had done when he brought Jhene to the stand.
" Mrs. Jensen do you have anymore witness," the judge said looking from Mr. Albright to her.
" Yes, your honor. I would like to call Christiana Williams to the stand"
Gasps were heard throughout the room as Jhene whipped her head around looking for her backstabbing sister. Jhene had called and asked her to testify on her behalf, but Christiana claimed to have a prior engagement, now she saw just what that engagement was. Christiana walked forward quietly avoiding the deathly stares her mom and sister were giving her. She took measured breaths as she approached the bench. Once she took her seat, her eyes roamed the room never quite landing on the side where her sister was seated. She knew her sister would be pissed. But she also knew she needed to do the right thing.
" Please state your name for the court," Mrs. Jensen said walking over to stand in front of Christiana to block the view of Jhene.
" My name is Christiana Williams."
"Thank you, Ms. Williams, and what is your relationship to Zykese and Zakiya Tate?"
" I am their aunt. I am Jhene's older sister." Jhene sucked her teeth. There was no way that any sister of her's would be here testifying against her.
" Thank you for that information, Ms. Williams. Can you tell me, have you ever seen Mr. Tate interacting with his children?"
" Yes, ma'am. Zach is always around at events for the kids, no matter how big or small, and if he decided to have something at his home, he always invites us. His children absolutely adore him. They are always going on and on about their adventures and how much they love being around him."
"And what about their relationship with their mother?"
" Those kids are her literal heartbeat. They love their mother to no end. It's not unusual to catch them cuddled up on the couch doing nothing on any given day. Jhene is a great mother to her kids, and you can see that in them."
Jhene's heart warmed at her sister's kind words, but she was still pissed at her for showing up for Zach.
" Thank you, Ms. Williams. Now you mentioned earlier about Zach inviting you all to events at his home, does Ms. Simmons show up for those.
"... not really."
" And why do you think that is," Mrs. Jensen asked resuming her pacing across the floor.
"I'm not... sure," Christiana said taking a huge gulp. She began to play with her fingers nervously in her lap. She wasn't here to make her sister look like a bad person, but she didn't want to support Jhene making Zach out to be some type of monster either.
"Are you sure about that Ms. Williams?" Ms. Jensen asked stopping with her back facing Christiana. She looked over her shoulder at her with a raised eyebrow. Christiana never answered her question so Mrs. Jensen decided to move along with her questioning.
" Ms. Williams, you came to me requesting to testify on behalf of Mr. Tate, why is that," Mrs. Jensen asked, now turning to face Christiana from the other side of the room adequately. Oxygen quickly escaped Christiana's lungs. She had not expected for her actions to be laid bare in front of everyone. A part of her was regretting coming to Mrs. Jensen, but one look at Zach's face reminded her of why she was there. She would not allow the generational curse of bitterness to continue to roam throughout her family, especially not onto the kids who were innocent in it all.
" I came because... because..," Christiana glanced over at her sister whose face was now balled up with a permanent scowl on her face. Christiana took a deep breath knowing what she had to do.
" I came because I felt like Jhene was keeping the kids away from Zach, at times, without good reason. Although Jhene loves her children with all her heart, she can be selfish with them, especially when it comes to Zach. She doesn't mind him spending time with them, as long as it's on her terms," Christiana said breathlessly.
" Can you give us an example of what you mean Ms. Williams," Mrs. Jensen said walking back towards her.
" The situation you mentioned earlier about New Years, for example. Jhene just flat out told him no. She didn't have plans with the kids or anything special planned. She just didn't want them to go. She waited until that Saturday to take them to prove a point that they moved on her time, not his. I know this because she told me that. When I chastised her, she kicked me out of her house," Christiana replied curling her lip at the remembrance of baby sister's venom-filled rant on that particular day about how Christiana should mind her own business and worry about what her children were doing while they were in the care of their incompetent father. That was the moment that drove Christiana to reach out to Mrs. Jensen. Her children's father was far from perfect, but her children adored him. She wouldn't dare keep them from him.
" I have no further questions, your honor," Mrs. Jensen stated returning to her seat.
" Cross your hour honor," Mr. Albright said leaning forward in his seat. Judge Wyatt waved her hand gesturing to an open floor for him.
" Ms. Williams, isn't it true that you're here to spite you sister?"
"Hel-- Absolutely not," Christiana asserted clearing her throat. " I have no reason to be mad at Jhene. I have no malice in my heart towards my sister. But I do care about my niece and nephew as if they were my own and I see their disappointed faces everytime she says no to them seeing or talking to their father. This has NOTHING to do with her and EVERYTHING to do with--"
" No further questions your honor," Mr. Albright cut Christiana off abruptly. He was expecting her to lash out at her sister and spew words that would discredit her when she did the exact opposite. He was beginning to think that maybe he should have pushed his client harder to settle this in mediation.
"Ms. Williams, thank you for your testimony. You may step down, " Judge Wyatt said offering her a small smile. Christiana let out a sigh of relief and pulled her cardigan closer to her chest as she cautiously stepped down from the stand. Christiana made her way pass the tables, keeping her gaze forward. She walked back to her seat in the back far corner of the room.
" The plaintiff rests your honor," Mrs. Jensen said taking her seat.
" Mr. Albright, you may call your first witness," the judge said placing her pen down looking up at Mr. Albright.
" I would like to call Jhene Simmons to the stand," he said getting up from his seat. Jhene sat frozen for a minute. Her mom tapped her gently on her shoulder bringing her back to the present. Jhene let out a shaky breath as she stood to her feet smoothing out the color blocked pencil skirt she wore. She made her way to the stand and sat upright on the edge of her seat nervously. Her back was as stiff as a board.
" Please state your name for the courts."
" Jhene Simmons," she said quietly.
" Thank you, Ms. Simmons. What is your relationship to Zakiya and Zykese Tate."
"Those are my babies," she said with a smile.
" I can tell just from the look on your face how much you love them. What is your relationship like with your kids Ms. Simmons?"
" Zakiya is like a mini-me. She likes to imitate how I dress or wear my hair. She's my life size barbie doll, and she's so smart. She loves cuddling up with me anywhere, no matter how small the space. Zykese is definitely his father's son. He's not as affectionate, but he always finds a way to show me his love without saying it. For instances when I'm sick, he tries to take care of me, the way he sees me take care of him."
" That's beautiful Ms. Simmons. How would describe Zach as a father?"
"Zach is a great father to our kids. He truly loves them with all of himself. Sometimes he can be influenced to make poor decisions, but that doesn't take away from how great he is with them. Our children adore him, and I'm sure my son is going to be a replica of the best parts of him," Jhene expressed with a small smile gracing her face.
Mr. Albright dismissed her insinuations and tried to change to the subject, "Now to the matter at hand, you are requesting sole custody with visitation. Why is that?"
" My children have been with me all of their time here on earth. No one could take care of them the way I do. I'm the one that tucks them in at night, helps them with homework, takes them on playdates, schedules the doctor's appointments, and so on. I am their main caregiver. I agree Zach should have more visitation if that's what he wants, but he can't care for them as I can. He has too many other responsibilities," she expressed agitatedly.
Mr. Albright lifted a warning eyebrow at Jhene. He knew where she was headed with this, but he had warned her in their prep time not to go there. He had to find a way to bring her back down.
" You do a lot for your kids, Ms. Simmons, where do you find time for yourself?"
" My kids are the biggest part of me, so if I'm doing for them, I'm doing for myself."
" No further questions your honor."
" Cross your honor," Mrs. Jensen called out, standing from her seat.
" Granted," Judge Wyatt said with a wave of her hand.
"Ms. Simmons," Mrs. Jensen called from her spot at her table, " You mentioned Zach having influences that kept him from being the best dad he could, who or what are those influences?" Mrs. Jensen queried looking directly at Jhene.
" His wife and his wife's family."
" Ah, can you give us an example of the influence that she has on him?"
Mr. Albright gave Jhene a warning look not to take the bait, but Jhene was ready for everyone in that room to see how much Zach chose Elise over his children's best interest.
" For example, Zakiya's birthday party. We had to reschedule because of a close family member's party conflicting with hers. Zach's wife had surgery scheduled around the same time, so he threw a separate party so that she wouldn't miss it. That was completely unnecessary," Jhene replied bulging her eyes and folding her arms across her chest having made her point.
" Did Mr. Tate still show up to her party,"
" Yes but,"
" Did they not provide support for her party?"
"Yes, but.."
" Was the date for Zakiya's part not set in September and his wife's surgery scheduled around that date?"
"Yes but.."
" Objection, your honor, badgering the witness," Mr. Albright all but screamed jumping out of his seat.
" I'll move on," Mrs. Jensen said dismissively.
" You mentioned earlier all of the things you do for your children and I applaud you for that, but why do you think Mr. Tate wouldn't be able to handle those responsibilities?" Mrs. Jensen questioned finally moving from the table and walking over to where Jhene was.
" Zach can barely keep up with his own schedule. When he and I were together, I had to remind him of things constantly,"
"Ms. Simmons, that was over seven years ago, you don't think he has changed?" Jhene scoffed in return.
" No, his wife is probably taking care of that now."
" And is that so bad, she would also be there to help him with the kids."
" She doesn't deserve to be around my kids. She has a temper problem. I bet she didn't tell him about when she was arrested when she was in high school for beating a girl unconscious," Jhene said relaxing in her seat.
"I'm not sure how you gained access to her juvenile record, Ms. Simmons. But since you have done your research, I'm pretty sure you know that the charges were dropped because the other party involved had cut Mrs. Tate and was going to stab her again when Mrs. Tate reacted. It was self-defense. But that's null and void in this case because she is not on trial," Mrs. Jensen said turning away from Jhene.
" But she is on trial," Jhene yelled. " How am I supposed to trust her with my kids with a temper like-"
"No further questions, your honor," Mrs. Jensen said cutting Jhene off while Elise shuffled pass her mother and brother in law to exit the courtroom. She was embarrassed. How dare Jhene bring up something from her past. A past that she wore across her shoulders like a quilt of wool, scratching at her bare skin, chafing away at her heart.
" You might not have questions, but I have something to say," Jhene yelled. Judge Wyatt banged her gavel calling for order in the court.
"How can she take care of my kids when she couldn't even get her child into the world," she screamed.
"Order in the court," Judge Wyatt yelled. " One more outburst Ms. Simmons and I'm going to hold you in contempt. Now step down," she said exasperatedly.
Leslie created quite the disturbance pushing pass Jhene's mom and Xorielle making her way out of the courtroom. Xorielle chased after her as Jhene furiously stomped down from the stand and over to her seat with her heels clicking furiously on the tiled floor. She sat down with a huff and folded her arms across her chest.
" I have heard all I need to hear," Jude Wyatt stated. We will break for an hour-long recess, and when we return, I'll give my ruling. Everyone stood for the judge to leave. After the judge was out of sight and the Bailiff gave clearance to go Zach quickly got out of his seat ready to find his wife. His mother touched his arm lovingly and told him that she would check on her.
Jhene watched the scene from the corner of her eye and rolled her eyes in annoyance. Zach was always chasing after Elise. Mr. Albright turned to her and scolded her for her outbursts. He criticized her for her lack of self-control and told her he wouldn't be surprised if the Judge granted Zack primary custody. She scoffed at the man her father recommended. She didn't even know why she took a recommendation for him when he didn't have the good sense to get a lawyer for himself when dealing with her mother.
Everyone stood at the announcement of the entering of the judge. She rapped her gavel giving everyone permission to be seated. Everyone had returned to courtroom except Christiana and Leslie. They were sick to their stomach at Jhene's behavior. Elise sat betweens Ms. Vivian, and Jayme with her head hung low and eyes focused on the floor. She was hurt and, but she promised to be here for her husband, so she stayed.
"Before I give my ruling, I would like to say that there is no doubt in my mind that you both love your children and your children love you. Mr. Tate, I understand your need to spend more time with your kids, and Ms. Simmons I appreciate your motherly instinct to nurture and protect. What I think you have failed to realize, is that Mr. Tate can develop those skills that you have acquired given a chance and with your support as well. Which leads to my ruling, I as a result of this, grant legal joint custody to Zachery Tate and Jhene Simmons of Zykese and Zakiya Tate. The children will rotate weeks with each parent. The week beginning on S
unday at 5 p.m. A schedule will be provided for the sharing of holidays and breaks from school. Afer reviewing the plan, if there are holidays not listed, within reason, I will make amendments to the schedule. Court is adjourned.
Welp! I know some people won't be thrilled because you want a twist where things didn't work out for Zach but there was really no reason in the story for it not to work. Sooo... anywho... there are somewhere between 10-12 chapters and Epilogue left so...
Make sure yall show love in the comments. I don't know if you noticed but your feedback pushes me! Thanks for the love and continued support.
~Kay