Chapter 14 - The Lie in Family Court
By noon, the story had spread across the county.
An endangered-child alert went out with Ben’s school photograph. Police checked bus stations, gas stations, and roads leading east.
Jake did the only thing he could do.
He worked.
Ray kept the radio off in the garage so Jake would not hear rumors every ten minutes.
At three, Margaret Sloan arrived carrying a court file.
“We have an emergency hearing at four-thirty.”
Jake stared at her. “Without Ben?”
“Because of Ben.”
The family judge needed to determine whether Todd’s guardianship order was valid and whether Jake could be recognized immediately as the parent with legal authority to direct Ben’s care once he was found.
Officer Grant approved the courthouse trip.
Jake entered the courtroom wearing clean work pants and a borrowed shirt from Ray.
Todd’s attorney appeared by video.
“He has not been able to contact my client,” the attorney said. “I cannot confirm allegations of flight or financial misconduct.”
Margaret placed Rachel’s documents on the evidence table.
“We can confirm the supposed consent document was filed after Rachel Carter’s death. We can confirm an alternate guardianship plan existed. We can confirm Mr. Mercer withdrew forty-eight thousand dollars from a restricted account.”
The judge looked at Jake.
“Mr. Carter, you were incarcerated when your wife died.”
“Yes, Your Honor.”
“For a felony.”
“Yes.”
“Why should this court trust you with an eight-year-old child?”
Jake heard every easy answer in his head.
Because Todd is worse.
Because Rachel wanted me.
Because Ben loves me.
Instead he said, “You shouldn’t trust me because I say I changed.”
Margaret glanced at him.
Jake continued.
“I helped commit a crime. I left my wife to carry the consequences. I left my son to grow up without me for four years. I can’t erase that. All I can do is show what I do next.”
The courtroom was quiet.
“I have a job. I follow parole. I called CPS when I was worried. I did not chase Todd when every part of me wanted to. And if Ben is found tonight, I will follow whatever safety plan keeps him safe, even if that means he doesn’t sleep under my roof yet.”
The judge looked down at the file.
“That is a better answer than the one most people give me.”
Twenty minutes later, she voided Todd’s emergency guardianship pending full review and recognized Jake’s parental authority, subject to CPS supervision.
Jake should have felt relief.
Instead, Dana ran into the courtroom holding her phone.
“They found the van.”
Jake stood.
“Where’s Ben?”
Dana swallowed.
“The van was abandoned at the old Riverside fairgrounds.”
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“And?”
“There’s blood on the passenger door.”
