He told himself not to panic, that surely there was a reasonable explanation, and yet divorces and child custody fights didn't happen in church. The realization that Jessica might try to keep him from his daughter cut deep. Betrayal tasted bitter on his tongue, scorched down his throat into a pool of acid that ate at him from the inside out.
He'd planned on heading home, showering, and then contacting the detective in Santa Barbara to let him know Tasha had been found, which would bring in the FBI, because she'd been taken across state lines. Whoever had done so had to have some knowledge of his children’s murder. It was the only answer that even remotely made sense. Kayne also planned to find out why the diamond's serial number had never been entered into NCIC.
Christ, Tasha had been so close to being returned to him, so damned close. But someone somewhere had dropped the ball. He needed answers before he spoke with Jessica. He needed to know what his rights were. Was he going to have to sue for visitation with his own daughter?
Jessica had home field advantage. She'd grown up in Payson, and worked in law enforcement. In a town this size, that pretty much guaranteed she knew most of the legal community, which meant they knew her. So, it stood to reason that even if all things were equal, they'd side with her. He had to find out about the adoption laws. Surely there was a protection clause for kidnapped children. He had to have some rights to see his daughter, didn't he?
The best place to start was at the courthouse. He suspected the files would be sealed, but perhaps someone in the law library could answer some general questions.
Kayne made a right at the next intersection and pulled up to the small, two-story building that housed several county agencies, including the Gila County Superior Court.
The desk clerk smiled up at him. “Officer Dobrescu, are you here for court?”
“No, actually I needed some information. It's a personal matter.” He glanced at the people waiting to see the judge. A personal matter he didn't want the whole town knowing about.
“Well, let me buzz you back.”
He merely nodded his thanks and walked through the door when he heard the magnet release.
Kayne made his way into the small law library, nodded at the guy in the suit making copies who made eye contact. Kayne didn't recognize him, but figured him for an attorney or a judge. Thankfully, the room was otherwise empty, except for the clerk. A willowy, strawberry blonde with a girl-next-door face sprinkled with a charming dose of freckles, Janet was her name, he thought.
“Officer Dobrescu, what can I do for you?” She leaned forward, her interest a little too friendly for his taste. Especially today of all days.
Kayne folded his arms over his chest. “I have some questions about adoption law.” And thank you, that had her shifting away from him.
“Oh, are you and your wife thinking of adopting?” She eyed his left hand. The one that had been ring-free since the day he buried it with Oksana.
“No, not exactly.” He tried for a friendly smile. “I'm just curious how the whole process works. I mean, once an adoption is final, is it permanent? Or can it be reversed for any reason?”
“No, in Arizona once the parents sign away their rights, it's pretty much a done deal. They can't just change their mind. Unless they can prove consent was given under fraud or duress, that is.”
Kayne rubbed his chin thoughtfully. “What if the parents didn't sign?”
“Were the kids taken away by Children's Services?” she asked.
He shook his head. “I believe the baby would have been considered orphaned or abandoned. At least that's what Children's Services thought, but the child had actually been abducted from another state.”
The copy machine stopped working, and the man turned to Kayne. “That's a whole different issue.” He held out his hand. “I'm Brian Ellis, attorney. I couldn't help but overhear your conversation.”
Kayne accepted his handshake. “Kayne Dobrescu, State Trooper.”
“Highway Patrol doesn't usually get involved in such things. They’re normally handled by the locals or the Feds.”
Kayne’s body vibrated with nervous energy. “You've dealt with this type of stuff before?”
“Not here. I'm new to Payson. I retired from Phoenix—well I guess you could call it retiring. I opened up practice here after twenty-seven years as a Judge. Mostly family court.”
Yes! “I could sure use some advice. When would you have time to sit down and talk, in private?”
“I have a few minutes now. My last case was rescheduled. Truth is, I'm still pretty new, and this town seems unsure of newcomers.”
“Tell me about it.” Kayne sighed. It was a huge factor in all of this, Kayne realized. Damn, he didn't want to fight her for visitation.
They found an empty room, and Kayne pulled up a chair across the table from Brian and waited for him to pull a legal pad out.
Brian adjusted his glasses. “So tell me what's going on.”
Kayne let out a frustrated breath. “I don't have a lot of money. I can make payments, but I can't afford a large retainer.”
Brian cocked his head thoughtfully. “I take it this is a personal case. The first hour is free, so relax. Once we talk, if it's a case I think I stand a chance of winning, we'll go from there. If it's something that isn't probable, I'm going to tell you flat out. As much as I like money, I like my integrity better.”
Kayne nodded. “Okay.” He could accept that.
For the next hour, Kayne told Brian everything he knew, suspected, and feared. He told him about the death of his other two children, and Oksana's suicide, about the investigators’ belief of his guilt, all the way through yesterday's events.
Brian leaned forward. “How long has the adoption been final?”
Kayne sighed. “About a year. I think.”
“As in not quite a year, or as in just over a year?” he asked.
“I don't know.” Kayne shrugged. “Does it really matter though?”
Brian stared thoughtfully at his notepad for a long moment before meeting Kayne’s gaze. “It could make a difference. In Arizona, there’s a clause that says an adoption may be protested if there are factual errors in the adoption, but once a year has hit, then everything is considered valid and rectified. It may be irrelevant in this case, since the child was abducted, but it could give you an advantage if it comes down to a case of best interest of the child.”
“Best interest?” Kayne didn’t like the sound of that.
Brian nodded and jotted down a note. “She’s been with this Jessica Hallstatt for nearly two years, almost her whole life. A bonding specialist could argue that it would be abusive to remove her from her only known parent. However, we’d argue that she shouldn’t have been with Ms. Hallstatt in the first place, and since she’s so terribly young, transition would have far less long-reaching effects.”
“So you're saying she can't keep me from seeing my daughter?” Kayne feared to hope he understood this right.
“No, what I'm saying is she has no legal rights to Tasha. At all. If we're within the year window, we can file to vacate the adoption. We'll ask for a change of venue to get it out of Payson so that she doesn't get a sympathetic judge. We don't want her to play the dead-hero-husband, or I'm-one-of-you card. That way we’ll be on even ground if she tries for best interest. It may take a while, but we'll get your daughter back where she belongs, and you won't have to deal with this woman or her boyfriend again.”
Kayne jerked back in surprise. “Wait, that's not what I want. I mean, I want my daughter, but I don't want to hurt Jessica. Tasha has grown up as Gracie Hallstatt to this point. She shares a room with a sister. She has siblings and a mom who love her dearly.”
Brian furrowed his brows, a look of confusion on his face. “If her life is so great, why are you trying to disrupt it?”
“She's my daughter! I didn't give her up, she was taken.” Kayne slammed his hand on the table. “I want to be in her life. I need to be in her life.”
; Brian smiled a dangerous smile. “Then that's what you have to remember. You don't get to have it both ways. This isn't some divorce where you can share custody. In this case, it's either or. You get her back or Jessica keeps her.”
Kayne knew he was right. Whoever held custody decided everything from visitation to where a child lived, attended school, and associated with. Kayne needed that control. Perhaps he really was a selfish bastard, but knowing his daughter was alive, safe, and loved wasn’t enough. He needed to be in her life.
Brian promised to do some snooping. “I’ll locate the original case. While it’s technically sealed, I can find out when it was filed and finalized, and then proceed from there.”
Kayne nodded. “That seems fair.”
Brian’s gaze was intent. “Be prepared for this to move fast. Judges don’t like to sit on these types of cases. Every day a child stays with one party keeps them from bonding with the caregiver they belonged with.”
Kayne dreaded asking the next question. “What about your fees?”
“I’m not charging you for this.”
Brian chuckled when Kayne just stared at him in disbelief.
“Look, I could lie to you and tell you I’m doing it pro-bono for purely altruistic reasons. But the fact is, this is a once in a lifetime case. I’m too old to worry about making a name for myself, but I’d be lying if I said this wasn’t what any petitioning attorney would consider a dream case.”
Kayne swallowed hard, trying to dislodge the lump in his throat. “Thanks.”
With an assurance that Brian would file an Order for Paternity by day’s end, Kayne headed home.
He thought he'd feel better having put something into motion, but the reality was it had left him with a heavy heart. He didn’t want to upend anyone’s life, but he would not walk away from his daughter. At this point, all he could do was wait for Brian to call and advise him of their next step. In the meantime, he had phone calls to make. Starting with a detective that made the belligerent hose-monkey look like Kayne’s best friend.
***
Jess had mixed feelings as she walked out of her attorney's office. The adoption had been finalized for exactly one year as of midnight tonight. After five o'clock today, when the courts closed their door, no one could protest the accuracy of the adoption. That was the good news.
The bad news: In short, Child Protective Services had dropped the ball. They hadn't posted notification and severed parental rights. They'd just assumed Gracie's parents had been the man and woman in the car with her that night. They hadn't searched missing persons databases, tried to locate a birth certificate...and the list went on and on.
But, even if every ‘I’ had been dotted, every ‘T’ crossed and the year had long since passed, it still might not matter. Bottom line: Ultimately, it would be up to a judge to determine Gracie’s fate. Her attorney's final advice, one that Cody had belligerently railed against, was that Jess should work out an acceptable joint custody/visitation agreement with Kayne. Once paternity was established, of course. Jess was still beyond furious with Cody for showing up and insinuating himself in the meeting. She didn’t give a damn if he’d been the one who originally hired this attorney and his partners to deal with Jarred’s case.
She needed time to think. Alone, away from Cody. She didn't understand his obsessive need to run roughshod over this situation. He sure as hell wasn't helping matters. Or at least didn't seem to be. But every time she steeled herself to tell him he needed to stay away, he'd drop a reminder about all the times he'd been there for her, about how he'd ensured she had the life she was currently living, instead of one full of struggle and uncertainty without Gracie. So she’d held her tongue and hoped she wouldn't regret it.
***
Jess stood in her front doorway, watching the car pull away late that afternoon, unable to make her mind process the papers she held in her hands.
Court decrees.
The first was an order to establish paternity. The judge was giving her twenty-four hours to present Grace to the nearest lab for a paternity test. That, Jess would readily agree to, since she was still holding onto the hope that this was all some horrible mistake, and they'd discover Gracie was not Kayne’s daughter. Surely this was nothing but a series of unfortunate coincidences.
The second order, however, nearly brought Jess to her knees. It was a petition contesting the adoption and seeking immediate custody of Gracie upon confirmation of paternity.
The son of a bitch was trying to take her baby away. Oh, God. She couldn't breathe.
“Maddy, watch the kids,” she managed to choke out to her ten-year old daughter before racing to her room.
Somewhere in the back of her mind she knew she should call someone, but she barely managed to make it to her bathroom before she threw up. After, she collapsed to the ground in a heap of sobs. How could Kayne do this? Didn't he realize how many lives he'd tear apart by taking Gracie away? Didn't he care?
FIFTEEN
“Dobrescu.” Kayne answered the phone, trying to wipe the last of the soap out of his eyes. He'd heard it ring several times in succession and figured it was an emergency.
“Kayne?” The small feminine voice sounded distraught.
“Maddy?” He knew it was her even before she confirmed. “Sweet pea, what's wrong, has something happened?” He felt his heart skip a beat or two.
“Mama—”
Kayne panicked. “Is she hurt?” he demanded, not letting her finish whatever she would have said.
“No. I don't know. After the man left, she locked herself in her room, and I can hear her crying.” Maddy's voice quivered as she spoke.
A man? Had someone hurt her? If the son of a bitch had laid a finger on her, Kayne would hunt him to the ends of the earth. “Tell me exactly what happened.” Kayne ran the towel swiftly across his body. He dropped it and ripped open his dresser drawer. He grabbed the first pair of jeans that met his fingertips.
“The man handed Mama papers, and she's upset about them. Told me to watch everyone and went to her room.”
“I'm on my way, sweet pea, just stay on the phone with me.”
Kayne managed to get jeans on—not an easy task one-handed, especially when he was still wet. He grabbed his shirt and shoes and ran out the door. He debated half a second then opted for his truck instead of his patrol car. He placed the phone on speaker so he could pull his shirt on as he stopped at the first red light.
When the house came into view, Kayne let out a breath he hadn't realized he'd been holding. “Sweet pea, I'm pulling up to the front door—” He had been about to ask her to come open it when it flew open, and there she stood, dancing from foot to foot, Gracie in her arms.
“I'm here, sweet pea.” Kayne fought for a calm he didn’t feel. These children needed assurance.
Maddy flew into his arms. “Thank you.”
Gracie turned instantly and scampered up his chest, clinging to him. He held them both close for a long moment before taking them inside.
“Hey, Kayne.” Ash eyed him warily from the other side of the kitchen island.
“What’s wrong buddy?”
“They're hungry.” He shrugged.
Kayne glanced at the clock; it was nearly six-thirty. “You haven't had dinner yet?”
Ash shook his head. “No. We were just trying to decide.”
Damn it! How could Jessica just leave them to fend for themselves? A small voice tried to tell him he was being unreasonable. It wasn't as if she'd left them alone, she was still in the house. He had to believe that if there were a true emergency, she'd be able to react. But a louder voice was claiming she was just like Oksana.
“Okay, Maddy, get drinks, Ash plates, 'Sabella silverware, and you…” He looked down at his daughter. He’d been about to tell her she needed to get in her highchair, but he was loathe to put her down. “You need to help me find the hotdogs.”
Gracie popped her thumb out of her mouth. “A’kay.”
Kayne pulled out a pa
ck of hotdogs and some leftover mac-n-cheese—thank heavens Jessica dated storage containers—and within minutes, had them sitting down to dinner.
Once the kids were situated, he headed into the lion's den. He had no idea what he'd say to her; he figured that would depend on what was written in those papers. Damn it all to hell, why hadn't Brian called him first? Knowing there was only one way to find out, Kayne took several deep breaths, slowly let them out, and then gently knocked on her door. “Jessica?”
***
Jess literally jumped at the sound of Kayne's voice.
“Jessica?” Kayne’s voice resonated through the door again.
Her fear quickly turned to rage. She lunged to her feet and ripped the door open. “You son of a bitch! What are you doing in my house?”
Kayne took a quick step back. Good! Maybe someone would finally take her seriously.
“Maddy called me. What happened?”
His voice was calm, controlled, and that pissed her off more. “What happened? What happened?” She scoffed in disbelief. “You're going to stand there and play stupid, when you did this?” She waved the court papers in front of him.
He stoically stood there, his arms hanging loosely at his sides. “I don't have any idea what those say. May I see them?”
She stared at him, astonished. “How can you say that with a straight face? You had an attorney file papers asking that my adoption of Gracie be overturned so you can take ‘immediate full custody’ of Gracie—excuse me Tasha Dobrescu—and you have the nerve to stand there and try and tell me you don't know what these are?” She waved the papers at him again for emphasis.
Kayne raised his hands in surrender. “Whoa, wait a minute. I spoke to an attorney this morning, just like you did. But that’s all.”
Jess gasped in surprise. “You were spying on me?”
“Hell no!” He crossed his arms defensively. “I was stopped at the light, on my way home. I drove around all night, trying to make sense of everything. I saw you and Cody walking into that attorney’s office.”
Razing Kayne Page 12
