Midnight Whispers
QAF Brian and Justin Fanfiction
Author's Chapter Notes:

There are some legal issues discussed in this chapter.  I'm not a lawyer and have taken poetic license in these matters.  Hopefully my readers can accept my theories.

Gus was up earlier than normal the next day and he wandered down to the kitchen to find his father and Justin already sitting at the table.  They both had their mugs of coffee and were quietly talking.  Hearing the familiar thump thump of his steps, they both greeted him as he sat down at the table.

"Hey big guy. You're up early," Justin said as he stood up to grab a glass for Gus' morning juice.

"Yeah.  I was dreaming about Star Wars city and how I would have to leave it here if Momma and Mom made me live with them.  Do you think I could take some of it with me?"  Gus asked as he rubbed the sleep from his eyes.

"You won't need to take it with you, Gus.  You will be able to play with it any time you want," Brian assured him as he went to fix a bowl of cereal for his son.  After pouring Cheerios into a bowl and putting some milk on top of them, he placed the bowl in front of Gus.

Gus took several bites and said, "But mommy said..."

"Don't worry about what your mommy said, you are staying here and living with us."

Justin looked at Brian, started to say something but didn't want to upset Gus.  Brian did not ever say anything he didn't mean and those papers that he waved yesterday must have something to do with his statement. He hated that Gus was caught in the middle.

"You've got school today.  Finish your breakfast and I'll drive you," Justin said as finished his coffee and poured another mug for himself.  He hated mornings, but like the rest of the household, save Colin, he had a hard time sleeping after the events at Debbie's yesterday.

"Ok.  It's super hero day.  Can I wear the Rage shirt Uncle Michael gave me? I love his mask."

Brian gulped his coffee, trying hard not to spit it on the table.  "When did Uncle Michael give you a Rage shirt?"

Gus scrunched his face and thought for a moment.  "I think it was a few weeks ago.  When Uncle Ted took me to his store.  You were in some kind of meeting and Uncle Ted had to pick me up.  He said he had to give Michael some stuff and we went there before we went to Kinnetik.  Uncle Michael was unpacking a big box of them and said I could have one.  Can I wear it?  Please dad."

Justin smirked but hid it behind his coffee mug.  He was eager to see how Brian handled this latest gaffe of Michael's.  Who in their right mind would give a 10 year old a t-shirt for an in your face gay superhero?  While he was not ashamed of his work on the comic, he knew it was not appropriate for Gus to be reading.  Gus needed to be sheltered for a few more years from that type of comic.

"Gus...." Brian said, trying to phrase his response without upsetting his son and degrading the comic.  "Rage is a grown up comic.  I don't think it's a good idea to wear the t-shirt to school.  Uncle Michael should not have given you the t-shirt.  If you want a superhero shirt, Justin or I will buy one for you.  Why don't you wear your Spider man shirt?  It's got the newest characters from the movie."

"A grown up comic?  How can a comic be for grown ups only?  Daddy you're not making any sense.  Everybody knows that lots of grown ups buy comics.  Uncle Michael loves them and he's a grown up."

Brian ran his hand through his hair and took another big breath, trying again.  "Rage is about grown up stuff.  Other comics talk about super powers."

"Like guys kissing?" Gus said, giving an example of grown up activities.

Both men looked at each other, taken a little aback at Gus' comment.

 

"Yes, like guys kissing," Justin said, trying to be an nonchalant as possible.

"You guys kiss all the time.  In fact Daddy, you look a lot like Rage.  Maybe I should ask Uncle Michael about Rage. Do you think he knows that you look a lot like him?" Gus asked innocently.

 

Today was starting out to be a real eye opener in more ways than one for the Kinney-Taylor family.  Brian wasn't happy that Michael had given Gus the t-shirt, but he couldn't exactly take it back.  On the other hand, he wasn't really ready to have "the talk" with his son.  As he was mentally debating what he should do in this situation, Colin chose that moment to let his parents know he was awake, hungry and needed out of his crib right this moment.

 

"Gus.  Colin's up now and I have to go get him since Daddy Justin is going to take you to school.  We can talk about this tonight, but right now you need to get ready for school, otherwise you will be late."

 

"Okay.  I'll go up with you and say good morning to Colin.  Then I'll find the Spiderman shirt like you said.  I bet my friend Brandon will have one just like it.  He told me that he was going to see the movie last week.  It will be so cool, like we are twins."

 

"Okay.  Go say good morning to your brother and I'll be right up."

 

Gus scampered up the stairs and Brian looked at Justin.

"What the fuck did Michael think he was doing giving Gus a Rage T-shirt? Rage looks like me-  of course, he fucking does.  Doesn't he think before he acts?"  Brian said in quick succession.  "I think I'll work from home today.  Maybe avoid the "family intervention".  

 

"I'll take Gus to school and we can continue our talk when I come back."  Justin gave Brian a quick kiss and then followed Gus up the stairs to get himself dressed.  Brian followed, but detoured into Colin's room.

 

"Hey there, little buddy.  Let's get you into a dry diaper and then get some breakfast.  Your brother Gus has to go to school."  Turning to Gus, Brian said, "Say goodbye and get ready for school.  Justin has things to do today."

 

"Okay Daddy."  Gus turned toward his brother and kissed his head.  "Bye, baby Colin.  See you this afternoon."

 

Gus got dressed and when he returned to the main floor Justin was waiting for him.   He handed Gus his lunch and they went to the car.  Gus sat in the front seat, put on his seatbelt and watched as Justin backed out of the garage.

 

"Daddy Justin, are you sure that I can stay here with you and Dad?  Mom and Momma were really mad yesterday.  I know when they get mad, I always have to do what they say.  One time when I didn't pick up my toys like Momma said, she took away the toy for a whole week."  Gus looked at Justin, hoping he would offer the reassurance he so badly needed to hear.

 

Justin was torn between assuring Gus and following Brian's lead.  Brian would never tell Gus he could live with them unless he was certain; therefore there must be something in those papers he didn't know about.   But Melanie knew the law, she was a lawyer, and he was fairly certain that she would have arranged it so that something like this would not be an option.  He didn't want Gus to worry all day; he was a child and shouldn't have to deal with adult issues.  They were only a few blocks from school and he needed to make a decision quickly.  

 

"Gus.  If your dad says that you won't be living with your moms, then you won't.  I want you to promise me that you will not go with either of them if they try to pick you up from school or take you out of school. Wait for me, your father, Cynthia, Ted or Grandma Jenn to pick you up.  Don't go with anyone else. Okay?"  Justin felt confident that he had listed all the people he trusted completely.  He was fairly certain that Em could be included but he didn't want to overwhelm Gus.

 

"But what it they come to the school and tell me I have to go with them?"  Gus asked, wanting a plan in case something happened.

 

"If they come to school, then go to the principal's office.  I'm going to go in this morning and talk to the school and let them know that Mel and Linds are not allowed to take you anywhere."

 

"You can do that?"

 

"Sure.  It is sad that I have to, but we want you safe.  Are you okay with all this?  I know it's scary."

 

"Yeah.  As long as I know I don't have to go home with Mom or Momma, I'm good.  I love you, Daddy Justin.  And I love Daddy and Colin and..."

 

Justin had parked the car in the visitor space at the school.  After undoing his seatbelt he leaned over and gave Gus a big hug.  "Let's go.  You don't want to be late for school."

 

The duo got out of the car and walked toward the building.  There were lots of people around and Gus felt safe with his Daddy Justin by his side.  

 

"Why don't you go on to class.  I'm not sure what your Dad's day is like, but one of us will be here this afternoon to pick you up." Justin pushed Gus lightly on his back as he watched the child enter the throng of students in the hallway.  He turned and headed to the office.

 

Opening the door, he went to the front desk where a young man about 25 years old, wearing a yellow Polo shirt appeared busy rifling through a stack of papers.  The bell on the door announced that someone had entered the office and the young man looked up from his task, and greeted Justin.

 

"May I help you?"

 

"I'd like to speak to the principal."

 

"If you are applying for a job with the school, all applications are accepted at the website," he said, deciding that he couldn't possibly be there to discuss a student concern as he was about the same age as himself.

 

Evidently this young man didn't realize that he was a renowned artist and oftentimes he preferred his interactions that way. Obviously he didn't need a job, but he did want to talk to the principal.

 

"Oh no.  I need to talk about my son.  He's a student here."  Justin smiled, enjoying the look of astonishment on the young man's face.

 

"Uh sure," he said, stammering at the statement.  "Can I tell him what this is reference to?"

 

"I'd like to talk to him about Gus Kinney."

 

"I'll let him know you're here.  Why don't you have a seat?  It may be a few minutes.  He will probably not be free until the last bell sounds.  That should be about 10 minutes."

 

Justin moved to the plastic chairs in the office, rifling through the magazines lying on the table in front of the chairs.  Obviously the school didn't expect people to be sitting there for any length of time as the chairs were utilitarian and rather uncomfortable.  There were an assortment of women's magazines, a few back issues of People magazine, several Car and Driver issues, and one Architecture Digest.  All the labels had been torn from the magazines, indicating they were subscriptions delivered to people's homes and then brought to the school.  He had no interest in women's magazines, not needing information about the latest diet, how to tighten his thighs or have a flat stomach and even less interest in Car and Driver back issues.  While he was not an Architect, he at least could appreciate the artistry; therefore he picked up the magazine and began to flip through the back issue.  As much as he appreciated the aesthetics of the homes they featured, he realized that his home with Brian met every need and was the most beautiful place in the world.  He had everything he needed there; his partner, and his sons.  Now only if Gus' mothers would leave them alone and go about their obviously career driven lives, his life would be perfect.  His mind drifted to the dinner the night before where Melody started dictating to Gus what he was going to do during the summer.  She was undermining all the plans he and Brian had discussed with Gus, telling him he was not going to enjoy his summer camp as it was too expensive.  The nerve of that bitch.  It was their money and they could spend it any way they wanted.  Besides, didn't Brian give them enough money to pay for camp, swim lessons, gourmet food and a quality babysitter each month?  Yet, Gus said he let himself into the house a few times a week and was charged with watching J.R. Justin could feel his muscles tighten at the injustice.  It was evident to him and Brian that Lindsay no longer wanted to be burdened with the little boy she connived Brian to father. She'd rather give his care to him and Justin, tying Brian to her inexorably, without the day to day challenges and responsibilities.  Justin got lost in his ruminations and didn't hear the assistant call his name.  It was only when the young man came to his chair and  touched his shoulder briefly that he brought his mind back to the present.

 

"I'm so sorry.  I guess I have a lot on my mind," he said, his WASP manners automatically kicking in.  Standing up, he followed the young man into the principal's office and sat in the proffered chair.

 

"My assistant said you wanted to talk to me about your son.  How can I help you?"

 

Justin smiled and reached out to shake the principal's hand.  He noticed the plaque on the desk listing his name as Jack Silver.  "Thank you seeing me, Mr. Silver," he said.

 

"My assistant said you wanted to talk about Gus, Mr. Kinney?"

 

"Oh..   I'm not Brian.  I mean Mr. Kinney.  Brian is my partner.  Well, he's Gus biological father.  I'm Justin Taylor.   Gus lives with us.  Um... Well, Gus has been living with us for the last 6 weeks.  That's why I'm here."

 

Jack Silver nodded his head, but he held up his hand to stop Justin. He clicked on the student icon on his desk top and typed in Kinney in the search bar.   Gus' information popped right up and he read it quickly.  

 

"Gus has been living with Brian and me for the last 6 weeks or so, now his mothers want to take him back.   He doesn't want to go back.  I wouldn't put it past either of them to show up at school and demand that he come with them.  I told him that I would talk to you and that he could come to the principal's office if Mel or Linds showed up."

 

"I see.  A custody issue.  Do you and Mr. Kinney have any legal papers regarding custody? The school can't really intervene unless there is a legal situation.  It would be your word against his mothers'.   I see that a Melanie Marcus and LIndsay Peterson are also listed as individuals Gus can be released to.  Are these women Gus' mothers?  If so, I would have to have more than your word. I'm sorry, Mr. Taylor.  Schools cannot enforce parent's custody quarrels without legal documents.  If you can present legal documents that would support your situation, then the school would be obligated to comply.  Otherwise, any of the designated people on this list can legally pick up Gus."

 

Justin nodded his head in understanding.  "Thank you.  I will discuss this with Brian and I'm sure we will be back soon."

 

Justin's first impulse was to call Brian and have him send the papers immediately, but since he did not know what information was in the papers, he felt he really needed to talk to Brian first. It was early and he doubted that Mel or Linds would try to take Gus out of school; they were too busy with their careers to have to "bother" with him all day.   Justin walked out of the office and returned to Britin as quickly as he could.  He needed to talk to Brian as soon as possible.

 

When he came home, Brian was in his study, computer open but he was staring into space.  Evidently his mind was not on his work today.  

 

"Brian, we need to talk,"  Justin said as he sat down in the large maroon chair that was positioned next to his desk.   While Brian didn't hold meetings and conduct business from his home office, he did work there when going to the office was not the best option.  He knew he was very distracted today and the discussion that he and Justin had started this morning really needed to be completed.  It was not something that could be done in Gus' presence. They could wait until after the children were in bed for the evening, but he knew that was not the best idea.  He imagined that Justin was probably just as anxious as he was to discuss the events at Debbie's last night.  When Justin showed up at his door stating they needed to talk, he was not surprised.  He'd managed to complete a little work while Justin had been gone; therefore he hit save on the computer and then shut it down.  He moved to the other maroon chair in his office and sat down.

 

"After I dropped Gus off this morning, I went the principal's office to talk to him about not letting the girl take Gus.  He told me unless I had some legal document showing they weren't allowed to do that, he couldn't stop them.  After yesterday's outburst, I don't trust Lindsay to not go to the school.   We promised Gus he wouldn't have to live with them.  What are we going to do?"  Justin's eyes filled with unshed tears.  He was so happy about Gus living with them and now it might all disappear just because his mothers were being bitches.  

 

Brian stood up and went to his desk, grabbing the papers he'd retrieved yesterday.  "Justin, do you have a fax for the school.  I can send these to them right now and then we can drive back to the school.  This way if the girls show up now, he'll be protected."  Brian waved the papers in his hand and moved toward his fax machine.  

 

Justin shook his head, " No, but I'll call right now."

 

Justin quickly made the call and got the information, giving the number to Brian as he punched it in on the fax on his credenza.  They heard the familiar whine that identified that a fax is being sent and both let go of the breath they were silently holding.  

 

"Done.  Let's go to the school and be sure Gus is still safe.  I know neither of us will rest until we know those bitches haven't taken him."

 

"Brian, what if we're too late?  I mean they could..."

 

"Justin,  take the papers and read them on the way to the school."  Brian handed Justin the papers and the two men walked out to the garage.  Brian drove as Justin read.

 

"Brian, how long have you had these?"  Justin asked when he finished reading the documents. "Why..."

 

Brian's heart was racing, fear filled his body and he wanted desperately to be living in a time where those crazy machines that Michael always talked about really existed.  Michael was such a geek and he waxed on and on about time travel, teleportation, and beaming people to different locations, it had become a running joke between the two men.  For once, Brian really wished he could beam himself and Justin to the school to verify Gus' safety.

 

"When Gus was born, before the munchers asked for money and exorbitant life insurance, Lindsay and I talked.  She really wanted me to be a part of Gus' life and insisted that I have some legal documents to that effect. These were written then."

 

"But what about the parental rights?  I thought you gave those up?"

 

"I talked to my lawyer and he said that this paperwork will supercede those documents since it gives me full custodial rights if Gus is living with me. And I did a little digging.  It seems that Melanie, lawyer extraordinaire didn't know about these papers.  According to my lawyer, the papers she put together would have to mention these but since she doesn't know about them, those documents don't count."

 

"Wow. So Gus is really ours since he's been living with us.  But what if they challenge that?  I mean, I wouldn't put it past them.  The way Lindsay was going on and crying last night, you'd think someone had died."

 

"The day he started living with us - when Linds suggested that it would just be easier to have him spend the night then to just have him sleep there and the munchers take him to school, I had Chloe go to the lawyer and sign an affidavit to that effect."

 

"Sneaky bastard.  I was so worried, but you seemed pretty calm about the whole thing.  Why didn't you tell me?"

 

"I was hoping that the munchers would just let it be.  I really doubted that would happen, but I had hoped.  We were so tired last night and I started to tell you this morning, but Gus got up."

 

"I love you.  I'm so glad we don't have to worry about Gus."

 

"My lawyer warned me that Melanie will try to negate the agreement, but since it was between me and Linds and predates the second parent crap, we should be fine.  That doesn't mean we are home free.  We still have the family to deal with.  I can just see Debbie telling us that a child belongs with its mother."

 

The car turned into the parking lot of the school and both men got out and walked toward the principal's office.  The young man in the yellow Polo shirt was still there and he looked up as the bell jangled again.  

 

"You're back."

 

"How observant.  We'd like to see Mr. Silver.  It's very important,"  Justin said, calmly and quietly, his country club manners rising to the task at hand.

 

"Of course.  I'll let him know you are back."

 

"He directed me to the district web site this morning, thought I was applying for a job.  Guess he thought I couldn't possibly be a parent since he's about my age,"  Justin said as he watched the young man move toward the principal's office.

 

"I guess your reputation doesn't precede you here.  Maybe you should have told him who you are," Brian teased.  He knew Justin didn't like to be treated like a celebrity and really liked it when people didn't recognize him in the community.  When he was recognized, he was often unable to do daily activities like grocery shop or go to the bank.  He enjoyed picking out his own food, but lately it had become such a chore when most of the patrons recognized him and wanted to stop him or have his autograph, he'd finally taken Brian's suggestion and started ordering most of their food on- line.  

 

Justin didn't bother with a response, just gave Brian a frown.  He wasn't angry at him, just didn't like the reality of being a renown artist.

 

"Mr. Taylor.  Mr. Kinney, I presume?  Come into my office."  Mr. Silver waved a hand toward his office and the two men sat in the light brown office chairs.

 

"Did you get our fax?  That should be sufficient?" Justin asked as he wrung his hand, aka Macbeth style.

 

"I did get the fax.  It appears that since Gus is living with you, you do have the right to keep him from going with his mothers.  We have already taken care to let all of his teachers know this and I appreciate being kept up to date.   It's always sad when a child has to be juggled between his parents.  It is very upsetting."  Mr. Silver looked at the two men and their presence here in the middle of a work day impressed him.  Mr. Kinney looked very professional and he was fairly sure that he was normally working at this time of day.  The other gentlemen was dressed in khakis but had mentioned his name... Justin Taylor.  He racked his brain for a few moments and it came to him."

 

"Mr. Taylor, by chance are you the artist Justin Taylor."

 

Nodding Justin said, "Yes.  But today I'm not Justin Taylor the artist, I'm Justin Taylor, Gus' other father and Brian's partner," he said, wanting to make it clear that this was his priority.

 

"Of course.  I didn't mean..."

 

"None taken.  It's just been very difficult and we don't want Gus hurt."

 

"Certainly. Would you like to see Gus before you leave?"

 

Both men looked at each other, silent communication at its best and nodded simultaneously.   

 

"I think he would like to know that he won't be going anywhere with his moms.  He was pretty worried this morning."

 

Mr. Silver looked at his computer, determining where Gus was at this hour and took the two men to his classroom.   They looked in the window, assuring themselves that he was indeed right where he was supposed to be.  Mr. Silver said, "the bell should be ringing in a minute, why don't we step over to the side of the hallway and we'll catch him when it rings."

 

The three men did as he suggested and the bell rang shortly afterward.  Brian saw Gus come out and he called his name.

 

"Daddy," Gus said as he hugged the man.  "Why are you here?"

 

Justin bent down to Gus and spoke to him.  "Remember this morning when I told you that your Daddy had everything under control.  Well we just wanted you to know that everything is fine.  You can go to Mr. Silver's office if your moms show up and tell you to go with them.  Mr. Silver said you can stay with him until me, Daddy or Grandma Jenn come for you.  Cynthia or Ted might come, but those are the only people you should go with."

 

"But what about Auntie Em or uncle Michael or Grandma Debbie?  Can I go with them?"

 

Brian stooped down this time.  "No Gus.  For now, only the people Daddy Justin listed.  It's hard for the school to keep track of all the important people in your life.  Mostly it will be me or Daddy Justin and if we aren't free, Grandma Jenn, Cynthia or Ted."

 

Both Justin and Brian hugged Gus and he hugged them back.  "Thanks for coming Daddy.  But I got to go. There is a cool experiment that Mr. Shulte is doing today.  We're learning about volcanoes and we're going to make one explode."

 

Again, the two men looked at each other, their silent communication speaking volumes.  "I bet that would be cool," Justin said.

 

"Okay, we will see you this afternoon.  Daddy Justin has some stuff to do in his studio, so I'll pick you up."

 

Gus leaned over and kissed both men, and then rushed toward his classroom, not wanting to miss any of the excitement.  

 

"He's definitely your child, Brian,"  Justin said as he smiled at his partner.

 

"Well if everything is okay, gentlemen, I will walk you out.  I have some other pressing matters to attend to.  I assure you that Gus will be well protected here."

 

"Thank you, Mr. Silver," Justin said as he held out his hand to shake the older man's hand.  Brian reached out and shook his hand as well.

 

As they walked to the parking lot, Brian said, "All this drama has me in need of letting off some steam.  I think this calls for a late morning visit to the loft.  The maid service visits regularly and there are no current Kinnetik clients staying there.  This way we won't disturb Chloe and Colin either."

 

"I like that suggestion.  I think I need to blow off some steam too."

 

TBC

 

Chapter End Notes:

Working on the next chapter.  RL does not leave nearly enough time for fanfic-  

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