1 00:00:08,550 --> 00:00:12,030 ♪ Having my baby... 2 00:00:12,070 --> 00:00:14,070 Hey. 3 00:00:14,120 --> 00:00:16,680 ♪ How much you love me... 4 00:00:16,730 --> 00:00:18,990 It's slippery. Watch your step. 5 00:00:19,040 --> 00:00:20,926 You're good. I got you. I got you. All right. Okay, okay. 6 00:00:20,950 --> 00:00:23,130 Everything's in the bag? Yeah. Got it all. Got it all. 7 00:00:23,170 --> 00:00:24,870 - Are you sure? - Yep. 8 00:00:24,910 --> 00:00:26,270 Oh, my God. Oh, my God. Oh, my God. 9 00:00:26,300 --> 00:00:27,960 All right, there you go. 10 00:00:28,000 --> 00:00:30,090 We're close. 11 00:00:30,130 --> 00:00:31,220 You're good. 12 00:00:31,260 --> 00:00:33,220 All right. 13 00:00:36,750 --> 00:00:38,710 You're almost there. I can see the baby's head. 14 00:00:38,750 --> 00:00:41,100 - I can't do this anymore. - Yes, you can. 15 00:00:41,140 --> 00:00:42,426 - You've got this, babe. - No, I don't! 16 00:00:42,450 --> 00:00:43,710 - Yes, you do. - No. 17 00:00:43,760 --> 00:00:45,126 Just listen to the doctor. We're almost done. 18 00:00:45,150 --> 00:00:46,060 Elisabeth. 19 00:00:46,110 --> 00:00:47,370 Concentrate. 20 00:00:47,410 --> 00:00:49,280 With the next contraction, I need you to push 21 00:00:49,330 --> 00:00:51,070 with all your might. You do that, 22 00:00:51,110 --> 00:00:52,590 and then you get to meet your baby. 23 00:00:52,630 --> 00:00:54,046 That's what you said the last time. Okay. 24 00:00:54,070 --> 00:00:55,110 Here we go. 25 00:01:00,030 --> 00:01:01,120 It's a boy. 26 00:01:05,170 --> 00:01:07,130 What's wrong? Is something wrong? 27 00:01:07,170 --> 00:01:08,366 Something wrong with the baby? 28 00:01:08,390 --> 00:01:11,130 No, no. He's perfectly healthy. 29 00:01:11,170 --> 00:01:14,130 Okay. 30 00:01:14,180 --> 00:01:16,000 Oh, baby. 31 00:01:25,410 --> 00:01:27,020 Miles, you're not, 32 00:01:27,060 --> 00:01:28,150 you're not saying anything. 33 00:01:28,190 --> 00:01:30,190 Why... why aren't you saying anything? 34 00:01:31,240 --> 00:01:33,540 Uh, he's beautiful. 35 00:01:35,720 --> 00:01:37,900 It's just he's brown. 36 00:01:39,990 --> 00:01:41,200 What? 37 00:01:45,430 --> 00:01:46,860 Oh, my God, Elisabeth, 38 00:01:46,910 --> 00:01:48,690 he is so adorable. 39 00:01:48,730 --> 00:01:50,600 He is, isn't he? 40 00:01:50,650 --> 00:01:52,650 How's Miles holding up? 41 00:01:54,130 --> 00:01:56,180 Miles is having a tough time. 42 00:01:56,220 --> 00:01:57,440 I mean, he loves him. 43 00:01:57,480 --> 00:01:59,270 But he's... 44 00:01:59,310 --> 00:02:01,400 It's been difficult with his family. 45 00:02:01,440 --> 00:02:03,790 The guys at work. 46 00:02:03,840 --> 00:02:05,766 You probably noticed we didn't put Joseph's picture 47 00:02:05,790 --> 00:02:06,840 on the birth announcement. 48 00:02:06,880 --> 00:02:09,190 We didn't even talk about it. 49 00:02:09,230 --> 00:02:11,166 I just showed him a card without a picture, and he went, 50 00:02:11,190 --> 00:02:12,280 "Yeah, that's great." 51 00:02:12,320 --> 00:02:14,190 Sorry. 52 00:02:14,240 --> 00:02:15,800 I brought him to school, 53 00:02:15,850 --> 00:02:18,110 showed him to my second graders last week. 54 00:02:18,150 --> 00:02:20,370 What an age. 55 00:02:20,420 --> 00:02:22,810 Yeah, nobody asks questions, nobody judges. 56 00:02:22,850 --> 00:02:24,990 They just want to know if he can have candy yet. 57 00:02:27,120 --> 00:02:28,430 Yes, you. Oh. 58 00:02:28,470 --> 00:02:30,170 Yes, you. 59 00:02:30,210 --> 00:02:31,950 Oh, my love. 60 00:02:31,990 --> 00:02:33,950 Thanks so much for coming. 61 00:02:34,000 --> 00:02:35,350 I know I sort of 62 00:02:35,390 --> 00:02:37,390 fell off the face of the Earth there for a while. 63 00:02:37,430 --> 00:02:38,870 No, I was thrilled when you called. 64 00:02:38,910 --> 00:02:41,570 I was thrilled when you said yes. 65 00:02:41,610 --> 00:02:44,530 But... I have an ulterior motive. 66 00:02:44,570 --> 00:02:47,100 Okay. 67 00:02:47,140 --> 00:02:49,140 You've probably figured this out already, 68 00:02:49,190 --> 00:02:50,880 but little Joseph here, 69 00:02:50,930 --> 00:02:53,320 he didn't happen without some help. 70 00:02:53,360 --> 00:02:56,190 I know you know Miles and I were trying for years; 71 00:02:56,240 --> 00:02:58,370 finally started doing the fertility clinic thing. 72 00:02:58,410 --> 00:03:02,110 Lots of almosts, couple of outright failures, too. 73 00:03:02,150 --> 00:03:04,640 And of course, one fantastic, 74 00:03:04,680 --> 00:03:08,250 thrilling success. 75 00:03:08,290 --> 00:03:13,080 Unfortunately, in the process of arriving at that success, 76 00:03:13,120 --> 00:03:16,300 the clinic, apparently, mistakenly, 77 00:03:16,340 --> 00:03:20,000 used another patient's sperm. 78 00:03:20,040 --> 00:03:22,130 I-I called because I remembered 79 00:03:22,170 --> 00:03:23,440 you work at a law firm now. 80 00:03:23,480 --> 00:03:26,920 Well, actually, it's a trial science firm. 81 00:03:26,960 --> 00:03:28,880 But there are lawyers there, right? 82 00:03:28,920 --> 00:03:31,230 Yes. There are lawyers. 83 00:03:31,270 --> 00:03:33,580 Good. 'Cause I need one. 84 00:03:33,620 --> 00:03:35,140 I just want to be clear. 85 00:03:35,190 --> 00:03:37,100 I love my son. 86 00:03:37,150 --> 00:03:39,020 I thank God every day for my son. 87 00:03:39,060 --> 00:03:42,110 And we are both incredibly grateful for this gift. 88 00:03:42,150 --> 00:03:43,980 Duly noted. 89 00:03:44,020 --> 00:03:48,330 So... what is it you want to achieve by suing the clinic? 90 00:03:48,370 --> 00:03:50,380 Well, first and foremost, we want to make sure 91 00:03:50,420 --> 00:03:52,420 this doesn't happen to anyone else. 92 00:03:52,470 --> 00:03:56,990 I mean... our son has a stranger's DNA. 93 00:03:57,040 --> 00:03:59,260 We-we really feel like we're in a blind spot 94 00:03:59,300 --> 00:04:01,820 regarding so many things: I mean, medical history, 95 00:04:01,870 --> 00:04:04,480 intellectual aptitudes, social challenges. 96 00:04:04,520 --> 00:04:06,000 We're not wealthy people. 97 00:04:06,040 --> 00:04:07,310 I work in construction, 98 00:04:07,350 --> 00:04:08,790 my wife's a second grade teacher. 99 00:04:08,830 --> 00:04:11,270 All right, for six years, we poured every cent we had 100 00:04:11,310 --> 00:04:12,570 in trying to get pregnant. 101 00:04:12,620 --> 00:04:13,620 Took out loans. 102 00:04:13,660 --> 00:04:16,270 We're in debt up to our eyeballs. 103 00:04:16,320 --> 00:04:20,280 And we did it all so we could have a child together. 104 00:04:20,320 --> 00:04:22,190 T-Together. 105 00:04:22,230 --> 00:04:23,930 You know what I mean. 106 00:04:23,980 --> 00:04:25,190 So, 107 00:04:25,240 --> 00:04:26,646 in addition to putting the clinic on notice 108 00:04:26,670 --> 00:04:27,890 so it cleans up its act 109 00:04:27,940 --> 00:04:29,680 and doesn't make this kind of mistake again, 110 00:04:29,720 --> 00:04:31,980 you also want to recover some of the costs 111 00:04:32,030 --> 00:04:33,420 associated with your treatments, 112 00:04:33,460 --> 00:04:37,160 because, while you are thrilled to have baby Joseph, 113 00:04:37,210 --> 00:04:39,900 it was not the outcome you were promised. 114 00:04:39,950 --> 00:04:41,120 Exactly. 115 00:04:41,170 --> 00:04:42,650 I have to warn you 116 00:04:42,690 --> 00:04:45,300 that reproductive negligence cases can be very tricky. 117 00:04:45,340 --> 00:04:48,040 Juries have a hard time ruling in the plaintiff's favor 118 00:04:48,090 --> 00:04:49,350 when they've walked away 119 00:04:49,390 --> 00:04:51,090 with a healthy baby. 120 00:04:54,310 --> 00:04:57,270 Well, let's not get ahead of ourselves. 121 00:04:57,310 --> 00:04:59,840 I don't know that this is necessarily ever gonna see 122 00:04:59,880 --> 00:05:01,360 the inside of a courtroom. 123 00:05:01,400 --> 00:05:02,930 Let me call the clinic on your behalf, 124 00:05:02,970 --> 00:05:05,190 see if we can't get their lawyers over here 125 00:05:05,230 --> 00:05:08,410 and... figure this out the old-fashioned way: 126 00:05:08,450 --> 00:05:11,240 across a table, with lots of coffee 127 00:05:11,280 --> 00:05:13,240 and some bathroom breaks. 128 00:05:14,850 --> 00:05:16,550 You keep wanting to look past 129 00:05:16,590 --> 00:05:18,770 the fact that my clients have clear evidence. 130 00:05:18,810 --> 00:05:21,080 I'm not looking past anything. 131 00:05:21,120 --> 00:05:23,730 The clinic has already admitted fault here. 132 00:05:23,770 --> 00:05:25,170 They've tightened up 133 00:05:25,210 --> 00:05:26,820 their practices and added 134 00:05:26,860 --> 00:05:28,040 new security safeguards. 135 00:05:28,080 --> 00:05:29,950 They've sent letters to all of their clients 136 00:05:30,000 --> 00:05:31,610 informing them of this incident. 137 00:05:31,650 --> 00:05:34,960 And now they're offering free DNA testing 138 00:05:35,000 --> 00:05:36,610 to any new parents who worry 139 00:05:36,660 --> 00:05:39,440 that they may also be victims of this mishap. 140 00:05:39,490 --> 00:05:41,920 Which is all well and good for the clinic, 141 00:05:41,970 --> 00:05:44,060 but we're here to try and help the McConnells. 142 00:05:44,100 --> 00:05:46,320 Of course. 143 00:05:46,360 --> 00:05:49,410 And after much consideration and conversation, 144 00:05:49,450 --> 00:05:52,800 the clinic would like to offer the McConnells 145 00:05:52,850 --> 00:05:56,590 their sincerest apology and a check for $40,000 146 00:05:56,630 --> 00:06:00,420 as reimbursement for the round of IVF 147 00:06:00,460 --> 00:06:02,510 that didn't follow protocol. 148 00:06:02,550 --> 00:06:05,420 I'm sorry, but that number doesn't even begin 149 00:06:05,470 --> 00:06:08,300 to take into account that this "round of IVF" 150 00:06:08,340 --> 00:06:10,860 that did not follow protocol resulted in a child 151 00:06:10,910 --> 00:06:14,000 that does not share Miles McConnell's DNA, 152 00:06:14,040 --> 00:06:16,390 and could be prone to a host of genetic anomalies 153 00:06:16,440 --> 00:06:18,440 that my clients are not prepared for, 154 00:06:18,480 --> 00:06:20,960 an outcome for which they paid over $400,000. 155 00:06:21,010 --> 00:06:23,270 Or we could just go to court. 156 00:06:23,310 --> 00:06:25,440 But let's be honest. 157 00:06:25,490 --> 00:06:28,100 We all know the clinic doesn't want this to become 158 00:06:28,140 --> 00:06:29,360 an ugly public trial. 159 00:06:29,410 --> 00:06:31,190 Win, lose or draw, 160 00:06:31,230 --> 00:06:33,280 it's gonna irreparably tarnish their reputation. 161 00:06:33,320 --> 00:06:34,980 And most likely, kill their business. 162 00:06:36,020 --> 00:06:37,330 Give me a number. 163 00:06:37,370 --> 00:06:39,280 I would say reimbursing the McConnells 164 00:06:39,330 --> 00:06:40,720 their entire $400,000 165 00:06:40,760 --> 00:06:44,030 and adding another 400,000 for pain and suffering 166 00:06:44,070 --> 00:06:45,730 would be a fair number, wouldn't you? 167 00:06:45,770 --> 00:06:48,860 I'm not authorized to go above 400,000. 168 00:06:48,900 --> 00:06:50,470 Well, then, we have a problem, 169 00:06:50,510 --> 00:06:52,356 because I'm not authorized to accept less than a million. 170 00:06:52,380 --> 00:06:54,340 Wait a second. You just said 800,000. 171 00:06:54,390 --> 00:06:55,950 Yes. That was two minutes ago. 172 00:06:56,000 --> 00:06:57,480 And now I said a million. 173 00:06:57,520 --> 00:06:59,676 And in another two minutes, I'm gonna say a million five. 174 00:06:59,700 --> 00:07:01,350 Are you sensing the pattern here? 175 00:07:01,390 --> 00:07:02,610 Let me make a call. 176 00:07:02,660 --> 00:07:04,480 You make a call. 177 00:07:09,400 --> 00:07:12,190 Uh, f-four hundred thousand would honestly plenty. 178 00:07:12,230 --> 00:07:14,336 That doesn't even get you out of the financial hole you're in. 179 00:07:14,360 --> 00:07:16,500 B-But it helps. I mean, we should just take it. 180 00:07:16,540 --> 00:07:17,980 Yeah. 181 00:07:18,020 --> 00:07:19,516 Benny, would you explain to our clients 182 00:07:19,540 --> 00:07:20,590 how the game is played? 183 00:07:20,630 --> 00:07:22,760 Mm. You know the only thing better 184 00:07:22,810 --> 00:07:24,460 than a six-figure settlement? 185 00:07:25,500 --> 00:07:27,030 A million dollars. 186 00:07:27,070 --> 00:07:29,510 I... I don't think my brain can count that high. 187 00:07:29,550 --> 00:07:31,210 Taylor, thank you. 188 00:07:31,250 --> 00:07:33,340 And thank you both. 189 00:07:33,380 --> 00:07:34,730 It's our pleasure. 190 00:07:34,770 --> 00:07:36,820 Oh, any friends of Taylor's are friends of ours. 191 00:07:36,860 --> 00:07:38,690 Are you Miles? Miles McConnell? 192 00:07:38,740 --> 00:07:41,040 Yeah, maybe. Who's asking? 193 00:07:41,090 --> 00:07:42,700 You've been served. 194 00:07:46,480 --> 00:07:48,440 What is it? 195 00:07:48,480 --> 00:07:50,490 Mind if I take a look at it? 196 00:07:53,450 --> 00:07:55,530 It's a paternity petition 197 00:07:55,580 --> 00:07:57,540 from a man named Roderick Walton. 198 00:07:58,580 --> 00:08:00,370 Okay, what does this mean? 199 00:08:00,410 --> 00:08:02,320 It means he believes 200 00:08:02,370 --> 00:08:03,930 he's your son's biological father, 201 00:08:03,980 --> 00:08:05,540 and he's suing you for custody. 202 00:08:18,380 --> 00:08:20,250 All rise. 203 00:08:24,220 --> 00:08:27,350 In the matter of Walton v. McConnell, 204 00:08:27,390 --> 00:08:30,130 in light of the recent paternity test, 205 00:08:30,180 --> 00:08:33,010 there can be no doubt that Mr. Roderick Walton 206 00:08:33,050 --> 00:08:35,400 is indeed the biological father 207 00:08:35,440 --> 00:08:37,230 of Joseph Patrick McConnell. 208 00:08:37,270 --> 00:08:39,190 Therefore, 209 00:08:39,230 --> 00:08:41,750 Mr. Walton does have a legal claim to the child. 210 00:08:43,670 --> 00:08:45,540 I have to say I have never encountered 211 00:08:45,580 --> 00:08:48,240 a situation like this before. 212 00:08:48,280 --> 00:08:49,890 Under the circumstances, 213 00:08:49,940 --> 00:08:53,550 it would be my strenuous recommendation that both parties 214 00:08:53,590 --> 00:08:54,746 and their counsel meet with me 215 00:08:54,770 --> 00:08:56,550 in chambers to discuss 216 00:08:56,600 --> 00:08:58,290 a joint custody resolution. 217 00:08:58,340 --> 00:09:00,380 Your Honor, just to be clear, 218 00:09:00,430 --> 00:09:02,690 as the only parents this child has ever known, 219 00:09:02,730 --> 00:09:05,600 the McConnells believe it is their right and duty 220 00:09:05,650 --> 00:09:06,870 to retain sole custody. 221 00:09:06,910 --> 00:09:10,170 Your Honor, also in the interest of clarity, 222 00:09:10,220 --> 00:09:12,960 my clients believe it is their right 223 00:09:13,000 --> 00:09:16,440 and their duty to demand full custody as well. 224 00:09:16,480 --> 00:09:18,620 I beg your pardon, but I gave birth to this baby. 225 00:09:18,660 --> 00:09:20,620 Benny's got this. It's okay. 226 00:09:20,660 --> 00:09:22,840 Your Honor, my client, 227 00:09:22,880 --> 00:09:26,020 Elisabeth McConnell, carried Joseph for nine months. 228 00:09:26,060 --> 00:09:28,280 They shared a heartbeat. She birthed him. 229 00:09:28,320 --> 00:09:29,850 She's been nursing him 230 00:09:29,890 --> 00:09:32,630 - since the day he was born. - Your Honor, 231 00:09:32,680 --> 00:09:34,290 my wife and I wish 232 00:09:34,330 --> 00:09:37,200 we had had all of those experiences. 233 00:09:37,240 --> 00:09:38,510 The pregnancy, the birth, 234 00:09:38,550 --> 00:09:41,730 the months of sleepless unconditional love. 235 00:09:41,770 --> 00:09:44,300 But Samara and I didn't even know we had a son 236 00:09:44,340 --> 00:09:45,910 until last week. 237 00:09:45,950 --> 00:09:48,080 And I'll be damned if we're going to be enjoined 238 00:09:48,130 --> 00:09:49,406 from missing any more of his life. 239 00:09:49,430 --> 00:09:50,910 Your Honor, if can just finish what... 240 00:09:52,350 --> 00:09:54,870 Mr. and Mrs. Walton, do you have any other children? 241 00:09:54,910 --> 00:09:57,920 No, Your Honor. No. 242 00:09:57,960 --> 00:10:01,830 Roderick and I have tried for years to conceive. 243 00:10:01,880 --> 00:10:06,270 We've had 12 rounds of in-vitro fertilization. 244 00:10:07,580 --> 00:10:12,320 I've suffered miscarriage after miscarriage. 245 00:10:12,370 --> 00:10:14,890 It was soul crushing. 246 00:10:15,940 --> 00:10:17,890 So when we discovered 247 00:10:17,940 --> 00:10:21,510 that there was a baby in this world 248 00:10:21,550 --> 00:10:24,680 that is biologically Roderick's, 249 00:10:24,730 --> 00:10:27,340 we knew that we had to raise him. 250 00:10:27,380 --> 00:10:30,380 And I need to ask you this again: 251 00:10:30,430 --> 00:10:32,260 You would not be willing 252 00:10:32,300 --> 00:10:34,610 to entertain a split custody arrangement? 253 00:10:35,650 --> 00:10:38,440 No offense to the McConnells, 254 00:10:38,480 --> 00:10:40,700 but they're complete strangers to us. 255 00:10:40,740 --> 00:10:42,440 This is my son. 256 00:10:44,180 --> 00:10:47,790 And we have no desire to raise him with complete strangers. 257 00:10:50,010 --> 00:10:53,320 Since both sides are refusing to entertain a resolution, 258 00:10:53,360 --> 00:10:56,190 I'm forced to schedule a custody hearing. 259 00:10:56,240 --> 00:10:59,460 In addition, I'm going to appoint a guardian ad litem 260 00:10:59,500 --> 00:11:01,630 to investigate both sets of parents. 261 00:11:01,680 --> 00:11:03,590 That guardian, Michele Downey, 262 00:11:03,640 --> 00:11:05,990 will then issue a recommendation 263 00:11:06,030 --> 00:11:09,290 regarding what would be in the best interest of the child. 264 00:11:09,340 --> 00:11:11,340 For now, the McConnells will retain custody... 265 00:11:13,340 --> 00:11:15,170 ...but I'm granting Mr. Walton 266 00:11:15,210 --> 00:11:17,170 temporary court-monitored visitation 267 00:11:17,210 --> 00:11:18,910 for one hour a day. 268 00:11:18,960 --> 00:11:20,480 If it please the court, 269 00:11:20,520 --> 00:11:24,610 my client is requesting, uh, the first visitation be today. 270 00:11:27,490 --> 00:11:30,270 Well, since Ms. Downey is already on the premises, 271 00:11:30,310 --> 00:11:32,580 I don't see why not. 272 00:11:32,620 --> 00:11:35,360 Why didn't you fight harder in there? 273 00:11:35,410 --> 00:11:37,710 Visitation in-in five minutes? 274 00:11:37,760 --> 00:11:40,540 How in God's name can I be expected to hand my child over 275 00:11:40,590 --> 00:11:41,930 to a s... complete stranger? 276 00:11:41,980 --> 00:11:43,370 He needs to eat soon, 277 00:11:43,410 --> 00:11:44,866 and he just doesn't take a bottle from anyone. 278 00:11:44,890 --> 00:11:47,510 Can we go back and appeal it? 279 00:11:47,550 --> 00:11:50,290 In custody cases, there is no jury. 280 00:11:50,330 --> 00:11:53,340 It's all about the judge. She has the final say. 281 00:11:53,380 --> 00:11:54,730 She has the only say. 282 00:11:54,770 --> 00:11:56,300 Trust me, 283 00:11:56,340 --> 00:12:00,430 that judge is focusing on each party's reasonableness 284 00:12:00,470 --> 00:12:02,560 and willingness to follow court orders. 285 00:12:02,610 --> 00:12:04,170 It would just be a huge mistake 286 00:12:04,220 --> 00:12:06,440 to use our capital trying to appeal 287 00:12:06,480 --> 00:12:08,700 the very first thing the judge made a decision on. 288 00:12:08,740 --> 00:12:10,530 We need to play the long game here. 289 00:12:10,570 --> 00:12:12,156 And you need to be as cordial as possible 290 00:12:12,180 --> 00:12:14,580 going into this visitation. 291 00:12:14,620 --> 00:12:16,230 Don't even think 292 00:12:16,270 --> 00:12:19,710 about trying to manipulate your son into not liking Roderick. 293 00:12:19,760 --> 00:12:21,320 Don't try and squeeze him too tight 294 00:12:21,370 --> 00:12:23,670 or cue him to be scared in any way. 295 00:12:23,720 --> 00:12:25,590 The guardian ad litem is gonna be watching you 296 00:12:25,630 --> 00:12:28,020 very closely, 297 00:12:28,070 --> 00:12:30,590 and you don't want her to think that you are trying to sway 298 00:12:30,640 --> 00:12:33,550 your child emotionally. 299 00:12:33,590 --> 00:12:36,730 I promise you, they will hold that against you. 300 00:12:40,380 --> 00:12:43,690 You have my word, you'll have your baby back in an hour. 301 00:12:55,880 --> 00:13:00,360 It's, uh, it's his feeding time, so he might be a little fussy. 302 00:13:00,400 --> 00:13:01,840 Hey. Yeah. 303 00:13:01,880 --> 00:13:03,060 It helps if you angle it. 304 00:13:04,100 --> 00:13:05,930 Got it. Thank you. 305 00:13:05,980 --> 00:13:08,020 Hey, Joseph. 306 00:13:09,070 --> 00:13:11,280 Hey, it's me. Huh? 307 00:13:11,330 --> 00:13:13,500 It's your daddy. Huh? 308 00:13:15,680 --> 00:13:18,420 God. 309 00:13:18,470 --> 00:13:19,600 Hey. 310 00:13:22,690 --> 00:13:24,040 Hey. 311 00:13:27,610 --> 00:13:28,950 Ms. Downey, 312 00:13:29,000 --> 00:13:30,756 I understand you did an extensive investigation 313 00:13:30,780 --> 00:13:32,180 into both sets of parents. 314 00:13:32,220 --> 00:13:33,390 I did, Your Honor. 315 00:13:33,440 --> 00:13:34,660 And what can you tell me? 316 00:13:34,700 --> 00:13:36,660 So the judge can ask questions? 317 00:13:36,700 --> 00:13:39,100 Any time she wants. Remember, there's no jury. 318 00:13:39,140 --> 00:13:40,570 She's the whole ball of wax. 319 00:13:41,750 --> 00:13:43,320 I feel I have a clear sense 320 00:13:43,360 --> 00:13:46,280 of both the McConnells and the Waltons. 321 00:13:46,320 --> 00:13:49,630 I'll be honest, this is a difficult situation. 322 00:13:49,670 --> 00:13:52,630 I believe both couples are good people 323 00:13:52,670 --> 00:13:54,890 and would be fit parents, 324 00:13:54,940 --> 00:13:57,590 but since both families are fighting for sole custody, 325 00:13:57,640 --> 00:13:59,510 it falls to me to make an assessment 326 00:13:59,550 --> 00:14:02,420 based on who's better for the baby long-term. 327 00:14:02,470 --> 00:14:03,820 And have you come to a conclusion? 328 00:14:03,860 --> 00:14:05,690 I have. 329 00:14:05,730 --> 00:14:09,520 I have taken lots of factors into consideration, Your Honor. 330 00:14:09,560 --> 00:14:12,650 Uh, we use a combination of criteria to make this decision. 331 00:14:12,690 --> 00:14:14,520 The primary three are 332 00:14:14,570 --> 00:14:16,520 the parents' emotional stability, 333 00:14:16,570 --> 00:14:19,700 the parents' physical ability to raise the child, 334 00:14:19,740 --> 00:14:21,350 and the parents' employment history 335 00:14:21,400 --> 00:14:23,270 and financial ability to care for the child. 336 00:14:24,440 --> 00:14:25,946 With regards to the first two criteria, 337 00:14:25,970 --> 00:14:29,930 the two families are clearly both more than up to the task. 338 00:14:29,970 --> 00:14:31,670 That leaves us 339 00:14:31,710 --> 00:14:34,110 with the third criteria. 340 00:14:34,150 --> 00:14:37,020 These are photos of the nursery the Waltons have set up 341 00:14:37,070 --> 00:14:40,900 in their home in anticipation of Joseph's arrival. 342 00:14:40,940 --> 00:14:43,900 And here are photos of the McConnells' 343 00:14:43,940 --> 00:14:46,290 one-bedroom apartment and the current accommodations 344 00:14:46,340 --> 00:14:48,340 they've set up for baby Joseph. 345 00:14:48,380 --> 00:14:50,340 As you can see, at the present time, 346 00:14:50,380 --> 00:14:53,130 parents and child share a single bedroom. 347 00:14:53,170 --> 00:14:55,300 Uh, in and of itself, not at all 348 00:14:55,350 --> 00:14:57,780 an unusual or undesirable arrangement, 349 00:14:57,830 --> 00:15:00,390 particularly at Joseph's young age. 350 00:15:00,440 --> 00:15:03,310 With regard to the child's education, 351 00:15:03,350 --> 00:15:05,960 the Walton family has already secured Joseph a spot 352 00:15:06,010 --> 00:15:08,580 at the prestigious Hurstview Academy, 353 00:15:08,620 --> 00:15:11,670 while at the present time, 354 00:15:11,710 --> 00:15:13,670 the McConnells have not yet explored 355 00:15:13,710 --> 00:15:15,760 educational possibilities for Joseph 356 00:15:15,800 --> 00:15:20,240 outside the public school options in their neighborhood. 357 00:15:20,280 --> 00:15:23,240 Again, in and of itself, not at all an unusual 358 00:15:23,290 --> 00:15:26,460 or unexpected answer given Joseph's young age. 359 00:15:26,510 --> 00:15:29,120 Are we gonna be okay here? 360 00:15:29,160 --> 00:15:30,796 - Any questions for the guardian? - Yes, Your Honor. 361 00:15:30,820 --> 00:15:33,910 Uh, Ms. Downey, I'm curious, 362 00:15:33,950 --> 00:15:36,950 are you familiar with the studies that have been done 363 00:15:37,000 --> 00:15:40,430 on reactive attachment disorder? 364 00:15:40,480 --> 00:15:43,830 Uh, studies that were conducted to determine the effects 365 00:15:43,870 --> 00:15:46,220 on an infant child when it is ripped 366 00:15:46,270 --> 00:15:50,270 from its primary caregivers during its first year of life? 367 00:15:50,310 --> 00:15:52,710 Yes. I am very aware of those studies. 368 00:15:52,750 --> 00:15:54,930 I'm also aware of studies that demonstrate 369 00:15:54,970 --> 00:15:57,970 that when an infant is placed in a loving, stable home, 370 00:15:58,020 --> 00:16:00,710 the likelihood of the child experiencing 371 00:16:00,760 --> 00:16:03,330 reactive attachment disorder is slim to none. 372 00:16:03,370 --> 00:16:04,760 This woman is not on our side. 373 00:16:04,810 --> 00:16:06,290 But at the very least, 374 00:16:06,330 --> 00:16:09,770 you would concede that it can be a stressor on the child, 375 00:16:09,810 --> 00:16:11,250 can it not? 376 00:16:11,290 --> 00:16:13,550 I know that one of the biggest stressors on a family 377 00:16:13,600 --> 00:16:14,990 and a child is whether or not 378 00:16:15,030 --> 00:16:16,690 the parents are financially stable. 379 00:16:16,730 --> 00:16:19,780 And the fact is the McConnells' financial situation 380 00:16:19,820 --> 00:16:21,430 over the past ten years 381 00:16:21,470 --> 00:16:25,650 has been, well, uncertain at best. 382 00:16:25,700 --> 00:16:27,650 In fact, just two months ago, 383 00:16:27,700 --> 00:16:29,700 they were over half a million dollars in debt. 384 00:16:29,740 --> 00:16:31,790 They had to borrow money for diapers 385 00:16:31,830 --> 00:16:33,790 and an antibiotic for the child. 386 00:16:33,830 --> 00:16:35,230 It was only their recent settlement 387 00:16:35,270 --> 00:16:37,036 with the fertility clinic that pulled them out 388 00:16:37,060 --> 00:16:38,880 of their dire financial straits. 389 00:16:38,930 --> 00:16:41,540 Be that as it may, Ms. Downey, I hope you're not poised 390 00:16:41,580 --> 00:16:44,060 to make judgement based simply on the fact 391 00:16:44,110 --> 00:16:47,280 that one family has more money than the other. 392 00:16:47,330 --> 00:16:48,850 Mr. Colón, let's not argue over 393 00:16:48,890 --> 00:16:50,436 the guardian's judgment until she renders one. 394 00:16:50,460 --> 00:16:51,900 And with that in mind, 395 00:16:51,940 --> 00:16:53,070 Ms. Downey, 396 00:16:53,120 --> 00:16:56,900 are you prepared to make a recommendation? 397 00:16:56,940 --> 00:17:00,510 Honestly, I cannot say 398 00:17:00,560 --> 00:17:02,210 either family is unfit. 399 00:17:02,250 --> 00:17:04,430 But if forced 400 00:17:04,470 --> 00:17:08,130 to make a recommendation between the two, 401 00:17:08,170 --> 00:17:09,830 I would recommend the Waltons. 402 00:17:21,010 --> 00:17:22,750 It's okay. We're not done. 403 00:17:22,800 --> 00:17:24,800 It's not over. 404 00:17:31,410 --> 00:17:35,110 Why are you seeking full custody of your son? 405 00:17:35,160 --> 00:17:40,160 My son is currently a three-month-old baby. 406 00:17:40,210 --> 00:17:42,160 But in the blink of an eye, 407 00:17:42,210 --> 00:17:43,640 he'll be a six-year-old boy. 408 00:17:43,690 --> 00:17:46,340 And one day, he'll be a 16-year-old young black man. 409 00:17:47,600 --> 00:17:50,390 And that young black man 410 00:17:50,430 --> 00:17:53,650 is going to need someone who knows how to guide him. 411 00:17:55,050 --> 00:17:57,830 Someone to give him "the talk." 412 00:17:57,880 --> 00:17:59,830 Someone who knows how to show him 413 00:17:59,880 --> 00:18:02,490 exactly what to do with his hands when he gets pulled over. 414 00:18:02,530 --> 00:18:06,140 Someone to bring him into the police station and introduce him 415 00:18:06,190 --> 00:18:09,280 to the local police so they know his name. 416 00:18:11,280 --> 00:18:13,500 Do the McConnells know they need to do that? 417 00:18:14,540 --> 00:18:15,980 Do they even know how 418 00:18:16,020 --> 00:18:18,160 to do that? 419 00:18:18,200 --> 00:18:19,330 I doubt it. 420 00:18:19,380 --> 00:18:20,550 Objection. 421 00:18:20,590 --> 00:18:23,900 Your Honor, this is an unfair and misleading 422 00:18:23,940 --> 00:18:25,900 characterization. 423 00:18:25,950 --> 00:18:27,990 Mr. Walton, I need you 424 00:18:28,040 --> 00:18:28,990 to stick to facts. 425 00:18:29,040 --> 00:18:30,170 Yes, Your Honor. 426 00:18:31,210 --> 00:18:33,560 The reality is 427 00:18:33,610 --> 00:18:37,390 this child is going to have a piece of his identity 428 00:18:37,440 --> 00:18:39,570 that he wears. 429 00:18:39,610 --> 00:18:42,310 All the time. There's no hiding it. 430 00:18:42,350 --> 00:18:43,960 And as much as we'd like to believe 431 00:18:44,010 --> 00:18:48,010 this world is color-blind, we all know that just isn't true. 432 00:18:48,060 --> 00:18:51,190 What is true is that this world 433 00:18:51,230 --> 00:18:54,500 is a complicated place 434 00:18:54,540 --> 00:18:57,940 for a biracial child, a biracial teen. 435 00:18:57,980 --> 00:19:00,980 A biracial man. 436 00:19:02,590 --> 00:19:05,330 It's tough to find your way. 437 00:19:05,380 --> 00:19:09,380 And Joseph is going to need his biological father 438 00:19:09,430 --> 00:19:11,380 to help him navigate. He just is. 439 00:19:12,780 --> 00:19:14,340 Do you have anything else 440 00:19:14,390 --> 00:19:15,950 you want to share with the court? 441 00:19:17,430 --> 00:19:19,040 I would like 442 00:19:19,090 --> 00:19:21,050 the court to know 443 00:19:21,090 --> 00:19:26,050 that I was raised by a strong, loving father. 444 00:19:26,090 --> 00:19:28,490 As was my father before me. 445 00:19:30,450 --> 00:19:34,750 And I'll be damned if I am going to turn my back on my son 446 00:19:34,800 --> 00:19:38,630 and perpetuate the stereotype of the absentee black father. 447 00:19:40,850 --> 00:19:43,420 I have no further questions for this witness. 448 00:19:50,380 --> 00:19:51,510 Good morning, Mr. Walton. 449 00:19:51,550 --> 00:19:53,160 Now, yesterday we heard all about 450 00:19:53,210 --> 00:19:56,600 your impressive success in the business world, 451 00:19:56,650 --> 00:19:59,820 your considerable financial resources. 452 00:19:59,870 --> 00:20:02,780 But that must come at a cost, does it not? 453 00:20:02,830 --> 00:20:05,610 I suppose everything comes at a cost. 454 00:20:05,660 --> 00:20:06,960 How many hours a week 455 00:20:07,000 --> 00:20:09,010 would you estimate that you and your wife work? 456 00:20:09,050 --> 00:20:14,050 If I had to put a number on it, I'd say probably 60 hours. 457 00:20:14,100 --> 00:20:15,670 - Each? - Yes. 458 00:20:15,710 --> 00:20:18,230 Again, that's an approximation. 459 00:20:18,280 --> 00:20:20,970 A lot of that work happens at home on laptops and telephones. 460 00:20:21,020 --> 00:20:24,410 Mm. And do you work on the weekends? 461 00:20:24,460 --> 00:20:26,200 Sometimes. 462 00:20:26,240 --> 00:20:28,240 Your Honor, I can assure you, that will change 463 00:20:28,290 --> 00:20:30,290 once we have custody of our son. 464 00:20:30,330 --> 00:20:32,770 Mm. Will it, though? 465 00:20:32,810 --> 00:20:34,470 Isn't it true 466 00:20:34,510 --> 00:20:36,820 that you've already begun interviewing nannies? 467 00:20:36,860 --> 00:20:39,120 Night nurses? Weekend nannies? 468 00:20:39,170 --> 00:20:41,600 Just because my wife and I work long hours, 469 00:20:41,650 --> 00:20:44,170 that doesn't mean we aren't going to be hands-on parents. 470 00:20:44,220 --> 00:20:47,650 That's how my parents raised me, and I was all the better for it. 471 00:20:47,700 --> 00:20:49,440 I learned the value of a strong work ethic. 472 00:20:49,480 --> 00:20:51,180 The value of a job well done. 473 00:20:51,220 --> 00:20:52,620 Maybe so, 474 00:20:52,660 --> 00:20:55,620 but... it's feeling like 475 00:20:55,660 --> 00:20:59,540 you're preparing to outsource your parenting, 476 00:20:59,580 --> 00:21:01,450 when this child already has two 477 00:21:01,490 --> 00:21:04,840 wonderful, loving, hands-on, 478 00:21:04,890 --> 00:21:07,500 full-time parents. 479 00:21:07,540 --> 00:21:09,330 Miles and Elisabeth McConnell. 480 00:21:09,370 --> 00:21:10,956 Two parents who don't understand the first thing 481 00:21:10,980 --> 00:21:13,330 about raising a black child. 482 00:21:13,380 --> 00:21:16,030 Might I point out, Mr. Walton, 483 00:21:16,070 --> 00:21:19,340 that white parents successfully raise black 484 00:21:19,380 --> 00:21:20,950 and biracial children all the time. 485 00:21:20,990 --> 00:21:22,950 That's your opinion, sir. 486 00:21:25,650 --> 00:21:27,260 I have no further questions, Your Honor. 487 00:21:30,520 --> 00:21:32,920 What do you think? 488 00:21:32,960 --> 00:21:35,610 Reading a judge isn't the same as reading a jury, 489 00:21:35,660 --> 00:21:38,360 but, while Mr. Walton was a compelling witness, 490 00:21:38,400 --> 00:21:39,490 I think he did himself 491 00:21:39,530 --> 00:21:40,710 as much harm as good. 492 00:21:40,750 --> 00:21:43,490 They rested their case. It's our turn now. 493 00:21:43,540 --> 00:21:45,580 You still want to stick with the plan? 494 00:21:45,620 --> 00:21:48,410 Call Elisabeth as our first witness? 495 00:21:48,450 --> 00:21:49,850 No. 496 00:21:49,890 --> 00:21:51,500 I think we need to remind the judge 497 00:21:51,540 --> 00:21:53,590 that this baby already has a father. 498 00:21:56,110 --> 00:21:57,810 Those first moments in the delivery room, 499 00:21:57,850 --> 00:22:00,290 when you realized you probably didn't 500 00:22:00,340 --> 00:22:03,030 share DNA with your son, 501 00:22:03,080 --> 00:22:04,820 how did you respond? 502 00:22:04,860 --> 00:22:08,130 I was shocked. I was surprised. 503 00:22:08,170 --> 00:22:11,960 When I was holding Joseph, 504 00:22:12,000 --> 00:22:14,000 and the way he was looking at me, 505 00:22:14,040 --> 00:22:15,960 his helplessness... 506 00:22:16,000 --> 00:22:18,830 at that point, I stopped thinking about DNA, 507 00:22:18,880 --> 00:22:20,920 biology, all that. 508 00:22:20,960 --> 00:22:24,580 I just thought, "I'm gonna make the best life 509 00:22:24,620 --> 00:22:27,410 "I possibly can for you, 510 00:22:27,450 --> 00:22:30,580 because I'm your father, and you're my child." 511 00:22:31,630 --> 00:22:33,060 I know it's 512 00:22:33,110 --> 00:22:36,410 a hokey expression, but I really do believe 513 00:22:36,460 --> 00:22:39,160 God doesn't throw you more than you can handle. 514 00:22:39,200 --> 00:22:42,070 So you went about doing that? 515 00:22:42,120 --> 00:22:43,640 Making the best life for your son? 516 00:22:43,680 --> 00:22:45,770 I'm sure trying. 517 00:22:47,820 --> 00:22:49,600 He's got colic, you know, 518 00:22:49,650 --> 00:22:51,730 so we're up a lot of nights. 519 00:22:51,780 --> 00:22:53,740 But no matter how tired I get, 520 00:22:53,780 --> 00:22:57,570 once he finally finds his way to sleep, 521 00:22:57,610 --> 00:23:01,440 I stay up a little while longer and just watch 522 00:23:01,480 --> 00:23:03,960 and smile. 523 00:23:04,010 --> 00:23:06,400 Because he's mine. 524 00:23:07,620 --> 00:23:08,930 I don't know. 525 00:23:08,970 --> 00:23:10,580 It's, uh... 526 00:23:13,930 --> 00:23:17,190 It's the way he looks at me first thing in the morning. 527 00:23:17,240 --> 00:23:19,460 Yeah, it's... 528 00:23:19,500 --> 00:23:21,200 He knows who I am. 529 00:23:23,200 --> 00:23:26,380 It's got nothing to do with DNA. 530 00:23:28,160 --> 00:23:30,160 He knows he can count on me. 531 00:23:32,040 --> 00:23:34,250 He knows I'm Dad. 532 00:23:36,210 --> 00:23:38,430 Nothing further, Your Honor. 533 00:23:40,570 --> 00:23:42,740 He was a good witness, wasn't he? 534 00:23:42,790 --> 00:23:44,050 So far. 535 00:23:44,090 --> 00:23:45,480 Mr. McConnell, 536 00:23:45,530 --> 00:23:48,050 can you tell the court where you were last Tuesday 537 00:23:48,090 --> 00:23:49,270 at 4:00 p.m.? 538 00:23:51,920 --> 00:23:53,710 You know where this is going? 539 00:23:53,750 --> 00:23:55,060 It's nothing. 540 00:23:55,100 --> 00:23:57,280 I had an appointment. 541 00:23:57,320 --> 00:23:58,866 Would you tell the court what kind of appointment? 542 00:23:58,890 --> 00:24:00,630 A doctor's appointment. 543 00:24:00,670 --> 00:24:02,330 What kind of doctor, Mr. McConnell? 544 00:24:02,370 --> 00:24:03,680 Objection, Your Honor. 545 00:24:03,720 --> 00:24:05,240 Counselor's badgering the witness. 546 00:24:05,290 --> 00:24:07,590 Your Honor, there's a point to this line of questioning, 547 00:24:07,640 --> 00:24:11,940 if the court would just afford me a little more latitude. 548 00:24:11,990 --> 00:24:13,690 Objection overruled. 549 00:24:13,730 --> 00:24:15,170 The witness will answer the question. 550 00:24:16,950 --> 00:24:19,520 A therapist. 551 00:24:19,560 --> 00:24:21,260 A behavioral therapist. A psychologist. 552 00:24:21,300 --> 00:24:24,300 They must have hired a private detective to follow him. 553 00:24:24,350 --> 00:24:26,660 Are you sure there's nothing I need to know? 554 00:24:26,700 --> 00:24:29,920 - No. It's all good. - And may I ask 555 00:24:29,960 --> 00:24:33,140 how long you've been seeing this therapist? 556 00:24:33,180 --> 00:24:35,230 Almost four years. 557 00:24:35,270 --> 00:24:36,750 And can you tell the court 558 00:24:36,800 --> 00:24:39,760 what compelled you to seek the services 559 00:24:39,800 --> 00:24:41,020 of a therapist? 560 00:24:41,060 --> 00:24:42,630 Your Honor, counsel is on 561 00:24:42,670 --> 00:24:44,410 a fishing expedition here. 562 00:24:44,460 --> 00:24:48,680 A, we were unaware of any effort on the plaintiff's part 563 00:24:48,720 --> 00:24:51,980 to request my client's private psychiatric records; 564 00:24:52,030 --> 00:24:55,510 and, B, seeking the services of a licensed therapist 565 00:24:55,550 --> 00:24:57,080 is something millions of people, 566 00:24:57,120 --> 00:24:59,380 many of them parents, do day in and day out. 567 00:24:59,430 --> 00:25:01,250 Counselor, 568 00:25:01,300 --> 00:25:03,300 I need you to ask a question 569 00:25:03,340 --> 00:25:05,170 that ties Mr. McConnell's therapy 570 00:25:05,220 --> 00:25:07,260 to the questions at hand here today, 571 00:25:07,300 --> 00:25:09,390 or change your line of questioning. 572 00:25:09,440 --> 00:25:12,920 Of course, Your Honor. I-I understand, Your Honor. 573 00:25:12,960 --> 00:25:15,400 Uh, but I do have one last question 574 00:25:15,440 --> 00:25:16,750 that might make it apparent 575 00:25:16,790 --> 00:25:19,140 why I'm going down this road. 576 00:25:21,140 --> 00:25:24,190 Mr. McConnell, isn't it true that 577 00:25:24,230 --> 00:25:25,930 the therapist you're working with is one 578 00:25:25,980 --> 00:25:30,240 that specializes in issues involving anger management 579 00:25:30,280 --> 00:25:32,110 and temper control? 580 00:25:33,160 --> 00:25:34,590 Yes. 581 00:25:36,640 --> 00:25:37,770 Now I'm curious. 582 00:25:37,810 --> 00:25:39,640 Is this an issue for you in your life? 583 00:25:39,680 --> 00:25:42,120 Your Honor, I sought treatment 584 00:25:42,170 --> 00:25:44,340 when we started trying to have a baby. 585 00:25:44,380 --> 00:25:46,340 May I ask why? 586 00:25:48,610 --> 00:25:51,480 Growing up, my house wasn't always... 587 00:25:54,310 --> 00:25:57,880 I don't know... my father could be great some days. 588 00:25:59,530 --> 00:26:01,620 Sometimes his temper got the best of him. 589 00:26:01,660 --> 00:26:04,620 And are we talking about verbal abuse? 590 00:26:04,670 --> 00:26:08,670 Yelling, screaming, abusive language? 591 00:26:08,710 --> 00:26:11,020 Not just that. 592 00:26:11,060 --> 00:26:12,760 So, physical abuse. 593 00:26:14,590 --> 00:26:16,110 Sometimes, yeah. 594 00:26:16,160 --> 00:26:18,640 Towards you? 595 00:26:18,680 --> 00:26:20,550 Your mother, your siblings? 596 00:26:21,600 --> 00:26:24,380 Everyone in the house. 597 00:26:24,420 --> 00:26:27,080 So I wanted to talk to someone 598 00:26:27,120 --> 00:26:28,860 so I could be better for my children. 599 00:26:28,910 --> 00:26:30,910 I didn't want the cycle to continue. 600 00:26:30,950 --> 00:26:33,700 And did you have a reason to think that it might? 601 00:26:33,740 --> 00:26:37,180 I guess I-I just didn't want the cycle to continue. 602 00:26:38,920 --> 00:26:40,480 I'd never been a father before. 603 00:26:40,530 --> 00:26:42,490 I didn't know what to expect. 604 00:26:42,530 --> 00:26:44,710 - I wanted to get ahead of it. - Your Honor, 605 00:26:44,750 --> 00:26:46,750 the fact that Mr. McConnell was proactive 606 00:26:46,800 --> 00:26:48,800 out of an abundance of caution means that 607 00:26:48,840 --> 00:26:52,800 he is a thoughtful, careful and concerned father, 608 00:26:52,840 --> 00:26:54,410 not a dangerous one. 609 00:26:54,450 --> 00:26:56,200 I'm inclined to agree. 610 00:26:56,240 --> 00:26:58,590 Are we through with this subject? Not quite. 611 00:26:58,630 --> 00:27:02,810 Mr. McConnell, have you ever broken anything in anger? 612 00:27:06,160 --> 00:27:08,290 Sure. I suppose. Who hasn't? 613 00:27:08,340 --> 00:27:09,910 Have you ever yelled at a colleague, 614 00:27:09,950 --> 00:27:12,820 - a neighbor, family member? - Objection. 615 00:27:12,860 --> 00:27:15,350 Your Honor, counsel has her fishing pole back out, 616 00:27:15,390 --> 00:27:17,350 in addition to badgering the witness. 617 00:27:17,390 --> 00:27:18,700 Let's get to the point. 618 00:27:18,740 --> 00:27:21,440 Have you ever been asked to leave a bar 619 00:27:21,480 --> 00:27:22,870 because you got in a fight? 620 00:27:27,140 --> 00:27:28,970 Mr. McConnell? 621 00:27:29,010 --> 00:27:31,670 Once. 622 00:27:31,710 --> 00:27:33,970 A long time ago, when I was in college. 623 00:27:34,020 --> 00:27:35,580 Ever punch a hole in a wall? 624 00:27:35,630 --> 00:27:37,370 Your Honor, objection. 625 00:27:37,410 --> 00:27:40,980 What Mr. McConnell did or did not do in college 626 00:27:41,020 --> 00:27:43,460 has little to do with his ability to parent. 627 00:27:43,500 --> 00:27:44,720 If we were all judged 628 00:27:44,770 --> 00:27:47,200 by what we did... Overruled, Mr. Colón. 629 00:27:47,250 --> 00:27:49,900 Mr. McConnell, please answer the question. 630 00:27:52,990 --> 00:27:55,730 Mr. McConnell, I'm waiting for an answer. 631 00:27:55,780 --> 00:27:58,210 Have you ever punched a hole in a wall? 632 00:28:01,040 --> 00:28:02,830 I was 16. 633 00:28:05,660 --> 00:28:08,050 I'm a different person now. 634 00:28:09,440 --> 00:28:11,750 I have worked on myself 635 00:28:11,790 --> 00:28:15,410 so I am not the father that I had. 636 00:28:15,450 --> 00:28:18,760 I-I have worked on myself so that this is never an issue. 637 00:28:18,800 --> 00:28:20,410 And are we just supposed 638 00:28:20,450 --> 00:28:22,630 to take your word for that? 639 00:28:22,670 --> 00:28:26,550 There's an infant's well-being at stake here. 640 00:28:26,590 --> 00:28:30,070 You admit that you grew up in an abusive household. 641 00:28:30,120 --> 00:28:31,510 You admit you're worried 642 00:28:31,550 --> 00:28:34,420 about continuing the cycle of abuse. 643 00:28:36,170 --> 00:28:38,470 Shouldn't we be worried, too? 644 00:28:41,610 --> 00:28:43,040 Your Honor, 645 00:28:43,090 --> 00:28:45,570 is this really someone we should be awarding custody to? 646 00:28:57,010 --> 00:28:58,450 Good morning. 647 00:29:01,800 --> 00:29:03,580 Can I get you anything? 648 00:29:03,630 --> 00:29:04,800 My baby. 649 00:29:06,500 --> 00:29:09,890 Look, uh, I know this is a pretty difficult time. 650 00:29:09,940 --> 00:29:11,290 What are you hearing? 651 00:29:12,900 --> 00:29:14,300 It's not looking good, is it? Okay. 652 00:29:14,330 --> 00:29:16,680 We need to get a few things straight. 653 00:29:16,730 --> 00:29:17,820 Okay? 654 00:29:17,860 --> 00:29:19,300 Testifying in a court of law, 655 00:29:19,340 --> 00:29:20,926 testifying like you're gonna do tomorrow... 656 00:29:20,950 --> 00:29:23,130 it's a lot like 657 00:29:23,170 --> 00:29:25,390 riding a bike on a winding road. 658 00:29:25,430 --> 00:29:27,830 You keep looking back, you're destined to falter. 659 00:29:27,870 --> 00:29:29,830 We need you 660 00:29:29,870 --> 00:29:31,090 looking forward, 661 00:29:31,130 --> 00:29:33,660 eyes on where we're going and what we want. 662 00:29:35,140 --> 00:29:37,970 Divorce papers. 663 00:29:38,010 --> 00:29:40,060 Elisabeth, you filed for divorce? 664 00:29:40,100 --> 00:29:42,450 Y-Yeah, a while ago. 665 00:29:42,490 --> 00:29:45,450 Why wouldn't you tell us something like this? 666 00:29:45,500 --> 00:29:47,216 Why wouldn't you tell mesomething like this? 667 00:29:47,240 --> 00:29:48,670 How'd you find out? 668 00:29:48,720 --> 00:29:50,500 It's a matter of public record. 669 00:29:50,540 --> 00:29:52,850 Really? Wow. 670 00:29:52,890 --> 00:29:55,330 I-I mean, it's not like I went through with it. 671 00:29:55,370 --> 00:29:58,120 I pulled those forms less than an hour after I filed them. 672 00:29:58,160 --> 00:29:59,250 Miles doesn't even know. 673 00:30:01,290 --> 00:30:05,080 I-I was going through a crazy time, emotionally. 674 00:30:05,120 --> 00:30:06,690 D-Do you think the other side knows? 675 00:30:06,730 --> 00:30:08,690 If the other side found out about your husband 676 00:30:08,740 --> 00:30:10,000 seeing a therapist, 677 00:30:10,040 --> 00:30:12,390 then they definitely know about this. 678 00:30:12,440 --> 00:30:14,520 We need to talk to Bull and Benny so that we can 679 00:30:14,570 --> 00:30:16,066 all figure out how we're gonna get ahead of this. 680 00:30:16,090 --> 00:30:18,310 And before any of that happens, 681 00:30:18,350 --> 00:30:20,700 you need to tell your husband; you need to tell Miles. 682 00:30:20,750 --> 00:30:22,556 This is not something you want him to hear about 683 00:30:22,580 --> 00:30:24,580 for the first time in court. 684 00:30:26,930 --> 00:30:29,150 I've always wanted to be a mother, and Miles has 685 00:30:29,190 --> 00:30:30,710 always wanted to be a father. 686 00:30:30,760 --> 00:30:32,980 It's just always been part of the plan. 687 00:30:33,020 --> 00:30:35,150 That's why we never gave up. 688 00:30:35,200 --> 00:30:37,980 Even after all the disappointments. 689 00:30:39,900 --> 00:30:42,120 And then suddenly it takes, 690 00:30:42,160 --> 00:30:45,080 and I'm pregnant again. 691 00:30:45,120 --> 00:30:49,860 Two months, three months, and I'm-I'm still carrying him. 692 00:30:51,470 --> 00:30:54,910 Ultrasounds and listening to heartbeats, 693 00:30:54,960 --> 00:30:57,920 and I'm-I'm still carrying him. 694 00:30:57,960 --> 00:31:00,610 Seven months, eight months, 695 00:31:00,660 --> 00:31:03,530 and-and they keep telling me that he's healthy, 696 00:31:03,570 --> 00:31:05,530 that-that I'm healthy. 697 00:31:05,580 --> 00:31:07,400 And I-I keep waiting for a pain, 698 00:31:07,450 --> 00:31:09,580 for something to go wrong in the middle of the night, 699 00:31:09,620 --> 00:31:12,670 but... but it doesn't. 700 00:31:13,710 --> 00:31:15,410 And then 701 00:31:15,450 --> 00:31:17,460 they wheel me into that delivery room, 702 00:31:17,500 --> 00:31:19,810 and I realize... 703 00:31:19,850 --> 00:31:22,590 I'm about to give birth. 704 00:31:22,640 --> 00:31:24,250 Oh, my God. 705 00:31:26,380 --> 00:31:28,380 And he's perfect. 706 00:31:30,820 --> 00:31:33,390 Better than perfect. 707 00:31:33,430 --> 00:31:35,470 And he's ours. 708 00:31:37,090 --> 00:31:38,700 Mrs. McConnell, 709 00:31:38,740 --> 00:31:41,130 did you file divorce papers a year ago? 710 00:31:42,700 --> 00:31:44,140 I sure did. 711 00:31:44,180 --> 00:31:46,220 Filed in one Tuesday afternoon 712 00:31:46,270 --> 00:31:49,840 at 2:00, asked if I could have them back 713 00:31:49,880 --> 00:31:52,320 so I could rip them up a little before 3:00. 714 00:31:52,360 --> 00:31:55,190 Sounds a little irrational. 715 00:31:56,410 --> 00:31:59,500 "Little" is kind. 716 00:31:59,540 --> 00:32:01,410 IVF, you know. 717 00:32:01,460 --> 00:32:05,240 I'd been taking hormones on and off for years at that point. 718 00:32:05,290 --> 00:32:08,550 I-I wasn't myself. 719 00:32:08,590 --> 00:32:12,340 Things had become tense and stressful at home. 720 00:32:12,380 --> 00:32:16,080 We were going broke trying to get pregnant. 721 00:32:16,120 --> 00:32:18,910 I actually began to wonder if maybe Miles 722 00:32:18,950 --> 00:32:20,520 would be better off with someone else. 723 00:32:22,700 --> 00:32:24,390 Someone who could give him children. 724 00:32:27,790 --> 00:32:29,830 Thank you. 725 00:32:29,880 --> 00:32:31,270 No further questions, Your Honor. 726 00:32:34,880 --> 00:32:36,410 These divorce papers... 727 00:32:36,450 --> 00:32:38,450 how long ago did you say they were filed? 728 00:32:38,490 --> 00:32:42,890 About a year ago, maybe 13 months now. 729 00:32:42,930 --> 00:32:45,150 You know, it sounds like, uh, you filed them 730 00:32:45,200 --> 00:32:47,070 just before you found out you were pregnant. 731 00:32:47,110 --> 00:32:49,900 Yes. It all seemed to happen at once. 732 00:32:51,550 --> 00:32:55,030 Also sounds like maybe you withdrew the papers 733 00:32:55,080 --> 00:32:57,300 when you found out you were pregnant. 734 00:32:57,340 --> 00:32:59,600 No. Like I said, I withdrew them 735 00:32:59,650 --> 00:33:01,560 not even an hour after I filed them. 736 00:33:01,600 --> 00:33:02,870 Do you remember the date? 737 00:33:02,910 --> 00:33:05,480 I do. I'll bet you do. 738 00:33:05,520 --> 00:33:07,310 Because according to your medical records, 739 00:33:07,350 --> 00:33:09,790 it was the exact same date the clinic called 740 00:33:09,830 --> 00:33:13,090 to tell you your test was positive, you were pregnant. 741 00:33:13,140 --> 00:33:15,270 Yeah... Well, I mean, 742 00:33:15,310 --> 00:33:18,450 yes, but that was purely coincidence. 743 00:33:18,490 --> 00:33:21,580 I mean, I-I withdrew them first, same day I filed them, 744 00:33:21,620 --> 00:33:24,110 like I said, and then when I got home that evening, 745 00:33:24,150 --> 00:33:25,930 the clinic called with the news. 746 00:33:25,980 --> 00:33:28,280 And are you sure that was the order of events? 747 00:33:28,330 --> 00:33:30,460 Definitely. So it's not as if 748 00:33:30,500 --> 00:33:32,590 you found out you were pregnant 749 00:33:32,640 --> 00:33:35,460 and thought the baby would save your marriage? 750 00:33:35,510 --> 00:33:37,380 Objection, Your Honor. Asked and answered. 751 00:33:37,420 --> 00:33:40,340 Objection sustained. Ask another question, 752 00:33:40,380 --> 00:33:42,430 Ms. Taylor. 753 00:33:42,470 --> 00:33:45,080 Mrs. McConnell, are you sure you're not fighting 754 00:33:45,130 --> 00:33:48,000 for this baby because you fear your marriage 755 00:33:48,040 --> 00:33:49,390 won't survive without him? 756 00:33:49,430 --> 00:33:51,870 I'm fighting for my baby because I love him, 757 00:33:51,920 --> 00:33:55,090 because Ican't survive without him. 758 00:33:57,010 --> 00:33:59,970 Thank you for your honesty. 759 00:34:00,010 --> 00:34:04,150 But this hearing is about the baby's well-being, 760 00:34:04,190 --> 00:34:05,580 not yours. 761 00:34:07,540 --> 00:34:09,850 I have no further questions, 762 00:34:09,890 --> 00:34:11,630 Your Honor. 763 00:34:26,170 --> 00:34:27,650 Yeah? 764 00:34:27,690 --> 00:34:29,300 Bull, are you awake? It's Danny. 765 00:34:29,340 --> 00:34:33,090 Um... what's going on? 766 00:34:33,130 --> 00:34:34,480 Okay, well, 767 00:34:34,520 --> 00:34:36,440 you can't ask me how I got a hold of them, 768 00:34:36,480 --> 00:34:38,416 which means you can't use what I'm about to tell you 769 00:34:38,440 --> 00:34:40,660 as evidence, but I was able to get a peek 770 00:34:40,700 --> 00:34:43,100 at the Waltons' medical records, both his 771 00:34:43,140 --> 00:34:45,320 and hers. Yeah? 772 00:34:45,360 --> 00:34:46,450 And Samara... 773 00:34:46,490 --> 00:34:49,360 Samara had ovarian cancer last year. 774 00:34:49,410 --> 00:34:51,320 It's in remission now, 775 00:34:51,370 --> 00:34:53,980 but obviously it could come back at any time. 776 00:34:55,410 --> 00:34:57,150 Bull? 777 00:34:57,200 --> 00:34:58,200 Yeah? 778 00:34:58,240 --> 00:34:59,500 One other thing. 779 00:34:59,550 --> 00:35:03,380 As a result of her illness, she has no eggs, 780 00:35:03,420 --> 00:35:07,470 and it would be impossible for her to get pregnant, ever. 781 00:35:10,470 --> 00:35:13,040 Ah, Mrs. McConnell. Mr. McConnell. 782 00:35:13,080 --> 00:35:14,870 Uh, if you would sit here. 783 00:35:19,130 --> 00:35:21,400 Thank you all for coming. 784 00:35:21,440 --> 00:35:25,050 I received a phone call last night 785 00:35:25,100 --> 00:35:28,490 about Mrs. Walton's medical history. 786 00:35:29,930 --> 00:35:33,060 And while she is in fine health at the moment, 787 00:35:33,100 --> 00:35:35,370 18 months ago, things were far more dire. 788 00:35:35,410 --> 00:35:36,800 Again, 789 00:35:36,850 --> 00:35:41,330 she has a clean bill of health today, 790 00:35:41,370 --> 00:35:45,590 but the often fatal disease she rallied against 791 00:35:45,640 --> 00:35:47,470 often recurs. 792 00:35:49,470 --> 00:35:51,430 Now, I could subpoena her medical history, 793 00:35:51,470 --> 00:35:53,080 get her doctors on the stand, 794 00:35:53,120 --> 00:35:55,390 get medical professionals to talk about 795 00:35:55,430 --> 00:35:58,390 the possibility of this disease recurring, 796 00:35:58,430 --> 00:36:01,440 but I don't want to do that. 797 00:36:05,610 --> 00:36:07,530 Truth is, even with all that, 798 00:36:07,570 --> 00:36:11,450 this case could go either way, and the judge, 799 00:36:11,490 --> 00:36:14,190 whatever decision she makes... 800 00:36:16,280 --> 00:36:20,370 ...at least one family is going to be heartbroken. 801 00:36:23,370 --> 00:36:25,850 So... 802 00:36:25,900 --> 00:36:29,550 I'd like to propose a different solution. 803 00:36:29,590 --> 00:36:31,940 We know the combination of Roderick's sperm 804 00:36:31,990 --> 00:36:37,430 and Elisabeth's egg created a beautiful, healthy baby boy. 805 00:36:40,430 --> 00:36:42,000 Let's just do it again. 806 00:36:44,610 --> 00:36:46,390 You can't be serious. 807 00:36:46,440 --> 00:36:48,310 Oh, yes, I am. 808 00:36:48,350 --> 00:36:49,750 Samara, 809 00:36:49,790 --> 00:36:54,100 your disease left you with no eggs to fertilize, right? 810 00:36:54,140 --> 00:36:56,190 So if Elisabeth 811 00:36:56,230 --> 00:36:57,800 was to donate an egg... 812 00:36:57,840 --> 00:37:00,150 Wait, wait, wait, wait. 813 00:37:00,190 --> 00:37:03,630 This is not why we're here. This is not what we came for. 814 00:37:03,670 --> 00:37:05,110 Hold on. 815 00:37:05,150 --> 00:37:07,590 You want me to donate one of my eggs to the Waltons? 816 00:37:07,630 --> 00:37:09,590 I'm suggesting a way 817 00:37:09,630 --> 00:37:13,330 that might give everyone what they want. 818 00:37:13,380 --> 00:37:15,680 But why would I ever agree to have a child of mine 819 00:37:15,730 --> 00:37:18,640 out in the world without me being able to raise him or her? 820 00:37:18,690 --> 00:37:21,300 Exactly why we're here. 821 00:37:23,780 --> 00:37:26,300 That's the way we feel about Joseph. 822 00:37:29,920 --> 00:37:32,090 And what if 823 00:37:32,140 --> 00:37:36,310 you didn't shut each other out of either child's life? 824 00:37:36,360 --> 00:37:39,450 Each family raises a child 825 00:37:39,490 --> 00:37:41,670 of their own, and that child would know 826 00:37:41,710 --> 00:37:44,100 that there were other people out there 827 00:37:44,150 --> 00:37:47,110 who loved him or her. 828 00:37:47,150 --> 00:37:48,540 Better than a grandparent, 829 00:37:48,590 --> 00:37:51,550 another parent, and a brother 830 00:37:51,590 --> 00:37:56,160 or sister who, otherwise, wouldn't be there. 831 00:37:56,200 --> 00:37:57,640 Now, I am not naive. 832 00:37:57,680 --> 00:38:00,470 I know that this is not gonna be easy, but the upside... 833 00:38:02,300 --> 00:38:04,600 ...the upside 834 00:38:04,650 --> 00:38:06,740 is so damn high up there... 835 00:38:09,220 --> 00:38:10,570 ...it's almost unimaginable. 836 00:38:13,090 --> 00:38:16,480 Now, look, if this hearing has proven anything, it's that 837 00:38:16,530 --> 00:38:19,660 none of you are perfect. 838 00:38:19,700 --> 00:38:23,010 But you are all loving, caring, good people, 839 00:38:23,060 --> 00:38:27,670 and you all want what's best for Joseph. 840 00:38:30,370 --> 00:38:32,500 So why couldn't that be the love 841 00:38:32,540 --> 00:38:35,370 of four imperfect people? 842 00:38:35,420 --> 00:38:38,550 And a sibling to go through the journey of life with? 843 00:38:42,730 --> 00:38:43,950 Your Honor, 844 00:38:43,990 --> 00:38:46,910 before you render a decision, my client would 845 00:38:46,950 --> 00:38:48,950 very much like to address the court. 846 00:38:51,000 --> 00:38:52,480 If the Waltons have no objection? 847 00:38:52,520 --> 00:38:54,780 We do not, Your Honor. 848 00:38:56,260 --> 00:38:57,830 Mrs. McConnell? 849 00:38:59,880 --> 00:39:01,790 Your Honor. 850 00:39:01,830 --> 00:39:03,750 Um, before you render a decision, 851 00:39:03,790 --> 00:39:05,180 I think we've all collectively 852 00:39:05,230 --> 00:39:07,400 come to a realization. 853 00:39:07,450 --> 00:39:09,750 I-I know I have. 854 00:39:09,800 --> 00:39:12,710 I can finally see why the Waltons 855 00:39:12,760 --> 00:39:15,670 felt the need to file for custody. 856 00:39:15,720 --> 00:39:19,420 It's clear to me... clear to us... 857 00:39:19,460 --> 00:39:20,786 that they're doing what they're doing 858 00:39:20,810 --> 00:39:24,470 out of enormous love for Joseph. 859 00:39:27,600 --> 00:39:29,560 I don't know how to ask someone... 860 00:39:29,600 --> 00:39:32,040 order someone to stop loving a child 861 00:39:32,080 --> 00:39:33,740 who's at least partially theirs. 862 00:39:33,780 --> 00:39:35,820 I'm not sure I know where we're going. 863 00:39:37,480 --> 00:39:41,350 What I'm proposing... uh, what we're all proposing... 864 00:39:41,400 --> 00:39:42,896 and, uh, really it's Dr. Bull's idea... 865 00:39:42,920 --> 00:39:45,050 is that, in-in return 866 00:39:45,090 --> 00:39:49,270 for the Waltons withdrawing their custody suit, 867 00:39:49,320 --> 00:39:51,270 I'm prepared to donate one of my eggs 868 00:39:51,320 --> 00:39:52,840 so that Roderick and Samara 869 00:39:52,880 --> 00:39:54,930 might have a child of their own. 870 00:39:56,980 --> 00:39:58,370 Wow. 871 00:40:00,410 --> 00:40:02,500 Are you on board with this? 872 00:40:04,330 --> 00:40:06,330 We are, Your Honor. 873 00:40:06,380 --> 00:40:10,600 We think it's a very kind, generous... 874 00:40:10,640 --> 00:40:12,120 incredible offer. 875 00:40:12,160 --> 00:40:16,470 In addition, we would work out a visitation agreement, 876 00:40:16,520 --> 00:40:19,350 so Joseph could know all four of his parents. 877 00:40:19,390 --> 00:40:21,130 And likewise, 878 00:40:21,170 --> 00:40:24,480 should the Waltons have a child that Elisabeth helped conceive, 879 00:40:24,530 --> 00:40:27,090 we pledge to work out a similar agreement for that child. 880 00:40:27,140 --> 00:40:29,790 Samara and I have agreed 881 00:40:29,830 --> 00:40:32,010 to provide child support as well. 882 00:40:32,050 --> 00:40:34,190 We want Joseph to always know 883 00:40:34,230 --> 00:40:36,970 we'll be there for him in any way he needs. 884 00:40:37,020 --> 00:40:38,360 Just to be clear, 885 00:40:38,410 --> 00:40:40,540 does this mean you're withdrawing 886 00:40:40,580 --> 00:40:41,930 your petition for custody? 887 00:40:44,460 --> 00:40:46,370 Yes, Your Honor. 888 00:40:46,420 --> 00:40:48,420 ♪ 889 00:40:53,120 --> 00:40:54,470 Counselor, 890 00:40:54,510 --> 00:40:56,186 looks like we've got a few things to figure out. 891 00:40:56,210 --> 00:40:57,690 We certainly do. 892 00:40:57,730 --> 00:40:59,950 I'll give you a call in the morning. That'd be terrific. 893 00:41:00,000 --> 00:41:01,610 And, uh, that reminds me, 894 00:41:01,650 --> 00:41:04,130 we need to set up a time and a place for tomorrow's visitation. 895 00:41:06,610 --> 00:41:08,570 Oh, I don't know, maybe the four of us 896 00:41:08,610 --> 00:41:11,220 could work out the details over dinner? 897 00:41:11,270 --> 00:41:13,100 Excuse me? 898 00:41:13,140 --> 00:41:16,660 Would you guys like to join us and Joseph for some dinner? 899 00:41:16,710 --> 00:41:19,060 We'd love to. 900 00:41:19,100 --> 00:41:20,150 Taylor? 901 00:41:20,190 --> 00:41:21,360 Oh, I don't know. 902 00:41:21,410 --> 00:41:23,580 Seems to me like a dinner for new friends. 903 00:41:25,850 --> 00:41:27,590 I'll get you next time. 904 00:41:27,630 --> 00:41:29,330 Shall we? 905 00:41:32,850 --> 00:41:34,940 What do you think? 906 00:41:34,990 --> 00:41:36,990 Did we do a good thing? 907 00:41:37,030 --> 00:41:38,640 I hope so. 908 00:41:38,690 --> 00:41:41,040 Did we do the right thing? 909 00:41:41,080 --> 00:41:43,260 I think so. 910 00:41:43,300 --> 00:41:45,340 Did we do the best we could? 911 00:41:45,390 --> 00:41:47,480 Yeah, we did the best we could. 912 00:41:47,520 --> 00:41:49,700 Now we just have to wait 20 or so years 913 00:41:49,740 --> 00:41:51,350 to find out what Joseph thinks. 914 00:41:51,390 --> 00:41:54,920 Captioning sponsored by CBS 915 00:41:54,960 --> 00:41:57,920 Captioned by Media Access Group at WGBH access.wgbh.org