The judge looked up. “One of the petitioners and the defendant have the same last name? Explain that to me.”
“My client is the child’s aunt, Your Honor,” Ronald said.
“Half-aunt, your honor. The child’s mother and the defendant were only half-sisters,” Magda said.
“Where is your client, Mr. Fritz?”
Ronald’s face became pinched. “She is unable to attend today, Your Honor.”
Judge Atwal leaned back in her chair. “Was your client aware they needed to be here in person?”
“Yes, Your Honor.”
“Did you request dispensation?” Judge Atwal asked.
Abby licked her lips and her breathing became shallow. The judge’s tone was not friendly. Was this…was this going to end today because Olivia’s aunt didn’t show?
“Are you asking for a continuance?”
The muscle in Ronald’s jaw jumped and Abby could almost hear his teeth grinding. “No, Your Honor.”
“Then why exactly are we here?” the judge asked.
“Your Honor, my client wishes to withdraw her claim of custody for the child,” Ronald gritted out.
Abby grabbed the arm of her chair and several gasps sounded behind her. She turned and looked at her mom and Olivia, sitting directly behind her. Their shocked expressions must have mirrored her own.
“Your Honor, given that Ms. Holder has failed to show and has withdrawn her counter petition, we ask the court to grant full custody to Ms. Day,” Magda said.
“Just a moment, Ms. Barber—I have a few more questions for Mr. Fritz.” Judge Atwel turned her attention back to the other lawyer. “Mr. Fritz, when did you become aware that your client wished to withdraw her petition?”
Fritz tapped the table with his fingers. “Only ten minutes ago, Your Honor.”
The judge raised her eyebrows. “Is your client aware that by failing to appear and withdrawing her petition, she cannot revisit this issue in the future and abandons all claims of custody of the child?”
“I have made her aware, Your Honor.”
Judge Atwel shrugged and leaned forward. “All right. Let the record show the defendant, Edith Holder, has withdrawn her petition for custody. Her petition is dismissed by the court.”
She jotted a note and looked up. “You’re free to go, Mr. Fritz.”
He nodded, picked up his briefcase, and left the courtroom without looking back.
“Now what?” Abby whispered.
“Now, Ms. Day, I hear your petition for custody,” Judge Atwel said.
Heat bloomed across her cheeks. “Sorry, Your Honor.”
“Completely understandable.” The judge leaned her arms on her desk. “Can you please explain your relationship with the child?”
Abby stood and told their story. Haltingly at first, trying to put everything into context. It was a strange situation, and she needed to make sure the judge understood.
“And that’s why we’re here today,” Abby finished.
“That is…one of the most unusual situations I’ve ever heard in my court,” Judge Atwel said.
“Yes, Your Honor.”
