CHAPTER 83: THE CUSTODY BATTLE

"Mikaela, it’s time to go to school," called out Annette.

"I’m not coming out until Daddy gets home!" Mikaela shouted back from her room.

"Daddy will meet you at school," lied Annette.

"OK," came Mikaela’s reluctant reply.

The door clicked open, and Mikaela appeared, dressed and ready with her backpack.

"Let’s go," said Annette, taking her hand.

Mikaela was still subdued as the quiet drive to school began.

She looked forlornly out the window, her mind elsewhere.

"All right, now be good," said Annette as they arrived at school.

"Where’s Daddy?" asked Mikaela, looking around.

"He’ll be here later," replied Annette.

"I’m not coming home until he gets here!" declared Mikaela.

"Fine, now get to class," said Annette, struggling to keep her composure.

Her phone buzzed just as she was about to get to her own class.

It was a text from Ruth. "Drop everything and get to the office. Now," it read.

With a growl, Annette dashed to the principal’s office to take the day off.

----

"You’re soon-to-be ex-husband is one smooth operator," said Ruth, throwing a file on the desk.

"What’s this?" asked Annette, sitting down.

"Financial records. He’s still got his old house, and his BMW locked in a garage," growled Ruth.

"What? He was supposed to sell that stuff!" exclaimed Annette.

"Yeah, well, he didn’t. And before you ask, no, we can’t grab those in the settlement. They’re being held by Sirius Software as collateral for a loan he took out from them," said Ruth.

"What loan?" asked Annette.

"Relocation and legal fees according to the paperwork. Plus its in an offshore overdraft account. We can’t touch that either. He’s got some serious financial whiz protecting his assets," said Ruth grimly.

"You pulled me out of school for this? He can do whatever the hell he wants! I want him out of Mikaela’s life!" exclaimed Annette.

"Hey! That part’s a given as long as you keep Mikaela happy. But if you think you’re taking him to the cleaners, think again. He’s not going to let you squeeze him dry," snapped Ruth.

"All right, how much are we able to get?" asked Annette, trying to rein in her anger.

"You get the Pine Springs house, the Hyundai Ioniq, and $150,000 a year in alimony and child support," said Ruth.

"That’s still a good chunk of change," said Annette.

"Yeah, but that means that you can’t just live off his money. You’ll still need to work," said Ruth.

"That’s not a problem. Mikaela goes to the same school that I teach at," said Annette.

"Ok, now let’s talk strategy. From what you’ve told me, Ivan can be spun as a ’groomer’ type. We can use the suspicion that his affection for Mikaela is inappropriate to get full custody and no visitation rights. Are you comfortable with that?" asked Ruth.

"Yes. Whatever it takes," said Annette firmly.

"All right, then. Let’s get to work," said Ruth, pulling out a notepad.

----

"All right Ivan. This is how Ruth and Annette are going to play: full custody, no visitation, and everything they can get from you. They are going to go full character assassination on you, so whatever happens, don’t lose your cool," said Stefan.

"What’s our defense?" asked Ivan.

"Deny everything, have them prove it. If they can’t, then the judge will throw it out. But if you lose your temper in the courtroom, you’re done for. So stay calm no matter what mud they sling at you," said Stefan.

"All right, I can do that," said Ivan.

"Can you? They’re going to paint you as a monster, a pervert, a danger to Mikaela. They will twist every term of endearment, every thoughtful gesture into something sinister. Can you sit through that without losing it?" asked Stefan.

"I can," said Ivan firmly.

"Let’s test that shall we?" asked Stefan, pulling out a folder.

He opened it, and stood up theatrically.

"Your Honor, This man, Ivan Zakhrov, isn’t just a man trying to raise his daughter. He’s raising a replacement wife. He married my client when she was at the age of 21, and he was 26, a five-year age gap. Now, instead of preying on yet another innocent co-ed, he’s decided to go younger! Why take another risk when he can just groom Mikaela into his perfect little sugar baby trophy wife? By the time she’s of age, he’ll still be 61! Practically a spring chicken and a silver fox!" he said, pointing at Ivan, and then looking him dead in the eye.

Ivan, for his part, kept a Stoic expression, and said nothing.

Stefan sat down, and smiled at Ivan.

"The apple doesn’t fall far from the tree, does it? You’re definitely Aaron’s dad," he chuckled.

Ivan let out a slow breath.

"That was hard to hear," he said quietly.

"Yeah, well. I’ve seen Ruth in action, she’s even nastier than that. You just have to keep your cool," said Stefan.

"All right, now how am I supposed to prove that I’m not doing any of that?" asked Ivan.

"We make them have to prove every single thing. We stick to the facts, and we keep Mikaela’s wellbeing front and center. If we can show that you’re a good dad, and that Annette is unstable, then we win," said Stefan.

"All right, let’s do this," said Ivan, steeling himself.

----

"All rise. The court is now in session, the Honorable Judge Margaret Simmons presiding," called out the bailiff.

Judge Simmons looked up from her bench, and peered over her glasses at the two lawyers and the defendant.

"Good morning everyone. Let’s get started. Mr. Zakhrov, you may be seated," she said, nodding at Ivan.

Ivan sat down, and looked at Ruth and Annette, who were sitting across from him.

"All right, Ms. Hirschfeld, you may proceed with your opening statement," said Judge Simmons.

"Thank you Your Honor. We are here today because my client, Annette Zakhrov, is seeking full custody of her daughter Mikaela. Mr. Zakhrov has shown himself to be an unfit parent, and a danger to Mikaela’s wellbeing. We will show that he has a history of inappropriate behavior," said Ruth, standing up.

"Objection Your Honor! This is a custody hearing, not a criminal trial. There is no basis for these allegations," snapped Stefan.

"Overruled. Please continue Ms. Hirschfeld," said Judge Simmons.

"Thank you Your Honor. As I was saying, we will show that Mr. Zakhrov has a history of inappropriate behavior towards his daughter, and that he has been grooming her to be his replacement wife. He has attempted to manipulate and coerce my client into certain lifestyle choices and behaviors over the course of their marriage. We will also show that his style of parenting had also poisoned his son Aaron against his mother, and that had led to a permanent estrangement between them," said Ruth, sitting back down.

"All right, Mr. Stanislaus, you may proceed with your opening statement," said Judge Simmons.

Stefan got to his feet.

"Thank you Your Honor. We will show that Mr. Zakhrov is a loving and devoted father, who has always put Mikaela’s wellbeing first and foremost. We will prove that Ms. Petra, née Mrs. Zakhrov, is an unstable and vindictive individual, who is willing to assassinate Mr. Zakhrov’s character to gain an advantage in this custody battle. I motion that all allegations of inappropriate behavior against my client, must have their relevant police and child protective services reports submitted as evidence, and that we may proceed to a criminal trial if any such reports exist," said Stefan, sitting back down.

"All right, Ms. Hirschfeld, do you have any such reports?" asked Judge Simmons

Ruth hesitated for a moment.

"No Your Honor. There are no such reports," she said reluctantly.

"Then I am dismissing all such allegations from this custody hearing. Please strike them from the record," said Judge Simmons.

Ruth’s face fell, and she looked at Annette, who was biting her lip.

"Counsel, approach the bench," said Judge Simmons.

Ruth and Stefan got to their feet, and walked up to the bench.

"What the hell are you trying to pull Ruth? This is a closed door custody hearing, not some tabloid circus!" snapped Judge Simmons.

"Your Honor, I was merely trying to establish a pattern of behavior that would show that Mr. Zakhrov is an unfit parent," said Ruth.

"By making unsubstantiated allegations? That’s not how this works! Unless you have actual evidence of any wrongdoing, you better not try to pull that stunt again!" growled Judge Simmons.

"The pattern of behavior is still relevant, Your Honor," ground out Ruth.

"Then stick to them or get some damn police reports, and refer this case to a criminal trial lawyer. Got it?" snapped Judge Simmons.

"Yes, Your Honor," said Ruth tightly.

"And Stefan, same warning to you. Don’t you dare try to play any games in my courtroom," said Judge Simmons, looking at Stefan.

"Yes, Your Honor," said Stefan.

"All right, let’s proceed. Ms. Hirschfeld, what are your client’s terms?" asked Judge Simmons.

"Full custody of Mikaela, no visitation rights for Mr. Zakhrov, and $150,000 a year in alimony and child support," said Ruth.

"Are you serious?" asked Judge Simmons, raising an eyebrow.

"It is my client’s belief that Mr. Zakhrov is a bad influence on Mikaela, and that it is in her best interest to have no contact with him," said Ruth.

"All right, Mr. Stanislaus, your response?" asked Judge Simmons.

"Your Honor, my client requests full custody of Mikaela for himself, with supervised visitation for Ms. Petra, and is willing to agree to full custody for Ms. Petra, but with supervised visitation rights. As for the alimony and child support, he has agreed to Ms. Petra’s terms", said Stefan.

"That’s reasonable, do you agree Ms. Petra?" asked Judge Simmons.

"No. I don’t want him anywhere near Mikaela," said Annette firmly.

"All right, then we will proceed to the evidence phase. Ms. Hirschfeld, you may call your first witness," said Judge Simmons wearily.

----

Ruth stood up, and called Annette to the stand.

"Please state your name and relationship to the child Mikaela," asked Ruth.

"Annette Petra, formerly Annette Zakhrov, mother," said Annette, sitting down.

"All right, Ms. Petra. Can you tell us about your marriage to Mr. Zakhrov?" asked Ruth.

Annette proceeded to tearfully detail her events of the marriage. How Ivan had undermined her parenting of Aaron, how he had encouraged Aaron’s more reckless and rebellious behavior, how she had finally had to disown Aaron after fearing that he would be a danger to the then unborn Mikaela, and how Ivan had lied about selling his old house and car.

"And you feel that the same thing is going to happen with Mikaela?" asked Ruth.

"Yes, probably worse. I refuse to let him groom her and poison her against me," said Annette.

"All right, no further questions Your Honor," said Ruth, sitting down.

Stefan stood up.

"Ms. Petra, you mentioned that Mr. Zakhrov forced you to shave your body hair, and to wear a dress and pantyhose to a theater event on your son’s 13th birthday. Can you recall the name of the theater?" asked Stefan.

"Yes, it was the Boston Opera House," said Annette.

"Very well. Your Honor, I would like to submit the ticket confirmations, photos, and brochures from that event as evidence," said Stefan, placing the items on the desk.

"All right, Ms. Hirschfeld, do you have any objections?" asked Judge Simmons.

"No Your Honor," said Ruth reluctantly.

"All right, they are admitted as evidence," said Judge Simmons.

"Now, Ms. Petra, can you please read the house rules on this event brochure?" asked Stefan, handing her the ticket.

Annette took the brochure, and read out loud.

"Black tie dress code is mandatory. Gentlemen are required to wear a tuxedo or a dark suit and tie. Ladies are required to wear an evening gown or a cocktail dress with appropriate hosiery. No jeans, no sneakers, no leggings, no casual attire of any kind," she read through clenched teeth.

"Thank you. So it was indeed a formal event, and you were required to dress appropriately. Is that correct?" asked Stefan.

"It was an archaic and outdated dress code! I was...," began Annette.

"No further questions Your Honor," said Stefan over her, sitting down.

----

"Don’t you dare put me on the stand again! I’m not answering any more of that shark’s questions!" growled Annette, getting back to her seat.

"I told you to keep calm! We’re not done yet," whispered Ruth, as Ivan told his version of the marriage.

"All right, Mr. Zakhrov. Can you tell us why you believe that you should have custody of Mikaela?" asked Stefan.

"I love and cherish my daughter. My parenting style may not be the best, but I have always put her wellbeing first and foremost. I have always made sure that she is well cared for," said Ivan.

"All right, no further questions Your Honor," said Stefan, sitting down.

Ruth stood up.

"Mr. Zakhrov, you mentioned that you had a strained relationship with your son Aaron. Can you tell us why?" asked Ruth.

"Yes, I was put in a very difficult position, after Annette disowned him. I was given the ultimatum of either choosing my wife and the daughter she was carrying, or my son. I chose my wife and daughter, but I have since reconnected with Aaron, and we have a good relationship now," said Ivan.

"I see. So you admit that you abandoned your son?" asked Ruth.

"Objection, leading the witness!" snapped Stefan.

"Sustained. Please rephrase your question Ms. Hirschfeld," said Judge Simmons.

"All right. Mr. Zakhrov, do you regret your decision to choose your wife and unborn daughter over your son?" asked Ruth.

"No, I’ve made my peace with it. Aaron himself has said that he understands why I did what I did," said Ivan.

"You said that you have reconnected with Aaron and he understands your decision. Can you then please explain why his company cut your neighborhood off from power, water and gas for three days?" asked Ruth.

"That wasn’t relevant to me, or my relationship with Aaron. That was part of a political feud between Sirius Software and Senator Goldberg. Annette and I being in Palm Springs was just a coincidence," said Ivan.

"I see. Then you had insider knowledge of that outage?" asked Ruth.

"No. I reconnected only after the outage," said Ivan.

"All right, no further questions Your Honor," said Ruth, sitting down.

"What was all that about?" whispered Annette.

"I was trying to trap the bastard, but Stefan’s got him locked down tight! We’ll get him next time," whispered Ruth back.

"All right, let’s take a break. We’ll resume in 15 minutes," said Judge Simmons, banging her gavel.

----

"I agreed to the settlement cut only if I have Mikaela, Ruth. You’re not getting anything if you can’t get her," snarled Annette.

"Will you shut up and let me think!" snapped Ruth.

"No I won’t! That asshole’s already reconnected with Aaron, and now he’s going to get Mikaela too!" exclaimed Annette.

"Well why don’t you reconnect as well and be one big happy family?" snapped Ruth, in frustration.

"And live in the shadow of Sirius Software and all its controversies? Yeah, right! I’d rather die than be forced into Aaron’s subversive aesthetic!" shouted Annette.

Ruth’s face split into a wide grin.

"You’ve just given me an idea," she said, patting Annette on the shoulder.

"What?" asked Annette.

"Ivan might be a good dad, but what about his son Aaron? His company is literally waging a war here in Boston. We can say that Ivan’s reconnection with Aaron is a massive liability to Mikaela’s safety and wellbeing. It’s like arguing that a wise-guy dad should have custody of his kid, when his mobster son is running around shooting people!" said Ruth.

"That’s brilliant! Let’s do it!" exclaimed Annette.