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The Triumph Of AJ Quartermaine
Chapter Four
In the Judges Chambers
"Okay for whom are we waiting?" The Judge asks impatiently.
"Your Honor, we are waiting on Mac Scorpio. I spoke with his office and he should be here any moment." AJ's lawyer replies confidently.
"This is an in-chambers informal hearing; why is the police commissioner's presense required, Mr Quartermaine?"
AJ looks over to his lawyer briefly before responding. " Your Honor, this is a sensative issue and could become very messy fast. If you grant my request then I'm going to need the discretion and the assistance of the commissioner to enforce it."
The Judge grunts but pauses to reread the papers that he had been given for this meeting. "This whole situation has been handled as if national security were involved. I haven't seen so much cloak and dagger since the last Bond film my daughter dragged me to."
There is a brief rap on the door and Commissioner Scorpio arrives unaware of the purpose of the proceedings only knowing that he had a command performance before this Judge. "Your Honor, I apologize. It appears I'm the last one to get here."
"You weren't late YET, Commissioner. Now can we get on with this? I've always found that things go more swiftly if the people NOT paid by the word do the talking. Mr Quartermaine, explain to me what in the HELL you are asking for here."
"First, I want to address your concerns regarding what you referred to as cloak and dagger, Your Honor. I did a lot of research on judges before making this appointment to see you. I intentionally didn't file any paperwork with the clerks' office because I wanted this to be handled quietly. You have a reputation as an independent thinker, unlikely to be influenced by outside considerations: my family, specifically my grandfather or my brother who has some unfortunate business connections. Both of them believe that justice can be bought and I was looking for a judge that can't be." The Judge looks over at AJ with a perfunctory glare while considering the words and knowing the truth of the justice that had been bought by both Edward Quartermaine and Jason Morgan. "You are well respected and seldom overturned in your decisions. Your opinions are quoted in other cases. You are a long married man and known to be very active and in your children's lives despite your job. I know that whatever your decision is on this matter that I can live with and was given without bias."
"Enough buttering up, young man, get to the point."
"I need a court order to get immediate physical custody of my son, Michael Morgan."
Mac explodes from his chair. "What?! Your Son? Does Robin know?"
"Mr Scorpio, Take your seat! This may be informal but it still my office and I'll ask the questions here!" The Judge snaps firmly taking control of the situation. Mac parks himself back in his chair his head shaking in wonder at the bomb shell that AJ had just dropped. "First, tell me why you don't have custody of your son, Mr Quartermaine. And keep it short I have another docket to get through this afternoon."
"Short may take awhile, Your Honor, this situation has been going on for a year. Caroline Benson gave birth to a child in December of 1997. There was reason to believe that I could be the father. I requested paternity testing back then. After the birth, Ms Benson made every effort to convince me and the world that the father of the baby was actually my brother Jason Morgan including having his name on the birth certificate. Something about the look on Carly's face when I talked to her about the baby made me think that something was off. Michael had to have surgury when he was born and blood samples were taken. I suspected that I might have a fight on my hands knowing both Ms Benson and my brother, or rather the man he's become. I contacted three different labs and had the bloodwork sent off in secret. The testing was done blindly; I wanted no chance that it would be tampered with. Being a layman, it wasn't easy to hear that it could take up to six months to get the results back. My lawyer has copies of the findings and the affadavits from the labs." The attorney hands the papers to the judge. AJ pause to allow the judge to read the information and to assimilate it.
"All three labs came back with the same findings -- there is a 99.9% chance that Michael is my child. The final result came in about six months ago. I have attempted to keep in contact with Michael from the time that he was born not knowing for months if he was my child but knowing that he might be. My brother is estranged from the family, for justifiable reasons on both sides, but the acrimony has made it impossible for me to see my son. In the first year of his life, I have held him on only a handful of occasions and seen him only a few more. I knew I had to be sure of every move I made because of .... outside considerations. So I contacted my attorney... who while licensed in New York and reknown in child custody cases is not affiliated with Port Charles or anyone here. I knew going in without court intervention there would be no way that I would be able to see my son let alone have custody of him."
"These papers appear to be in order, and the labs both reputable and known to me. I'll accept that you are the minor child's father but custody is a big step, Mr Quartermaine and immediate custody...." The judge shakes his head "...that's a stretch. And I have to say that the underhanded way that this is being handled doesn't sit well with me."
"Nor with me, Your Honor. I know it's the way my family often does business but this is too important to me to not do everything I can to make sure that my son isn't taken from the country while the issue of custody or even visitation is decided."
The judge leans back in his chair rocking back. "That's a serious accusation."
"Caroline Benson's, while having some ties to the community, first instinct is to run when confronted with something that she can't fight her way out of. Michael's mother is ... high strung and impulsive."
"She's a raving, gold-digging bitch." Mac mutters loyally under his breath
The judge is about to reprimand Mac for his interruption when AJ pops back hotly. "Don't even start on Carly, not after your niece has known since before the day that Michael was baptised that Jason wasn't his father and never said a word until two days ago. If Robin had spoken up back then I wouldn't have had to wait on the DNA testing and this would have been settled a year ago. Then she takes a hike back to Europe rather than sticking around to deal with the mess that she helped perpetuate."
"Gentlemen! Let's stick with the issue. I believe we were talking about the child's mother."
AJ takes a breath glaring at Mac who glares back. "I made a mistake with Carly. While she was pregnant, I was angry; I spoke rashly-- I told her if the baby was mine that I would go for sole custody of the baby. She panicked and ran to my brother. She has maintained all along that Jason is the father and refuses to budge from that point. If confronted with the evidence and having a court case pending I'm sure that she would panic again and one of two things would happen: a) she would shoot me..." AJ grins and rolls his eyes. "... or b) she would use all the resourses at my brother's disposal, and they are considerable, to disappear."
"And your brother?"
"My brother loves Michael; he hates the Quartermaines and would do anything to protect Michael from being influenced by them. My brother has international connections, travels frequently, and has more money than he can spend in a lifetime some of which I suspect due to his line of work is in countries without extradition. Michael is bonded to Jason; everyone can see that. Michael has already been out of the country with Jason on at least one occasion."
"And what about you?"
"I've been working toward being a part of my son's life since I found out and even before, Your Honor. I own my own home, I have a secure position with ELQ and an income independant of that position."
"Mr Quartermaine, I am not going to grant you immediate permenant physical custody of the child without hearing from the mother. I don't work that way." AJ winces at the judge's pronouncement.
"Your Honor," the attorney pipes up, "The order actually is a request for immediate TEMPORARY physical custody until a full hearing could be scheduled. My client was also adament because of what happened before, he wants it to be made clear to the mother that he wants joint legal custody so that Ms Benson knows that my client is not trying to cut her out of the child's life, unlike her behavior toward my client for the past year."
"Your Honor," AJ entreats "I just want a chance to get to know my son and to be a part of his life. The minute that this hits the court docket, it hits the papers and this isn't between Carly, Michael and me anymore. My son doesn't know me and I hate that-- if custody remains with Carly while this matter is pending it will never come to trial; she'll leave and take my son with her."
Mac grudgingly agrees. "Sir, I can verify enough of the resources of Jason Morgan as well as the ability to flee the jourisdiction. Neither Morgan nor Ms Benson are the type of people to be impressed with court or restraining orders. I'm afraid that the only way to ensure that they show for court is for them to be meeting Michael there because they aren't going anywhere without him... at least not Morgan."
The judge's eyes narrow as he ponders the information given to him. Then he flips through the appointment calender on his desk. Tapping it, he replies. "I am retaining this case and scheduling a preliminary hearing on the custody of the minor child Michael Morgan for ten days from now at 8:30am." The judge raises his hand as AJ is about to protest. "I find that the following people have standing in the custody case -- AJ Quartermaine, Caroline Benson, and Jason Morgan, as his name is on the birth certificate. All parties will be notified of the court date. In the mean time, I am granting the request for temporary physical custody to be granted to the petitioner, AJ Quartermaine." Taking a pen the judge signs the order and it's copies. "Mr. Quartermaine, I'm giving you the benefit of the doubt on this one. I'm personally going to be delivering this court order to the clerks office at 4:45pm when I leave for the day. If you feel so ademently that the child's mother will flee with the child and that there is some *leak* in the courthouse then you have until 4:45p today to make arrangements with the commissioner to have a supervised change of custody. You have ten days, Mr Quartermaine. Make the most of them because Ms Benson will have her day in court then."
"I'm hoping that I'll be able to use the time to settle things with Carly, Your Honor."
"Do that; Good Luck, Mr Quartermaine." The Judge dismisses the men who leave the room quietly. Once outside AJ sags against the hall wall.
'That's two.' He thinks.