Page 361 of Wicked Brutal

Arthur gives me time.

Then Roman’s attorney stands. “Your Honor, before this document is given undue weight — Jane O’Toole’s testamentary preference cannot substitute for this court’s best-interest determination.”

“No one suggested it could,” Arthur says.

“You presented it as though she had the authority to transfer custody by will.”

“I presented a valid document showing the deceased mother’s long-standing wishes for her children.”

“Wishes recorded November 2019. Nearly six years ago. Before Alison was pregnant. Before she was in a relationship with Ryan Harrington. Before she was a high-school student dependent on the Harringtons.” Each one lands, and Arthur agrees to every single one. Then the attorney turns to the judge. “Jane O’Toole could not have known her daughter’s present circumstances.”

Arthur steps forward. “She also couldn’t have manufactured them to influence this hearing.”

“The document is outdated.”

“It’s dated.” The attorney starts to object, and Arthur holds up a hand. “There’s a difference.”

The judge looks at him. “Explain.”

Arthur picks up the will. “This was executed before Alison was dating Ryan. Before her pregnancy. Before Jane’s death. Before Roman’s arrest. Before there was any custody dispute to win. Jane’s decision wasn’t a reaction to this litigation.”

“It also names the Harringtons,” the attorney says.

“If Alison was a minor. Two stable, secure adults — yes.” Arthur turns toward him. “And then what?”

The attorney goes quiet.

Arthur opens the will. “Jane didn’t stop there. ‘Upon Alison attaining the age of eighteen, it is my wish that Tobias remain in the care of his sister.’” He lowers the page. “Walter and Cassandra weren’t Jane’s replacement for Alison.” My breath catches. “They were the bridge to her.”

Cassandra breaks again behind me.

“That’s counsel’s interpretation,” the attorney says.

“No. That’s the chronology Jane wrote into the document herself.” Arthur gestures at the exhibits. “And it isn’t the only evidence. You have six years showing she was capable.”

“Six years of a child helping her mother.”

“Six years of a child helping raise her brother.”

“Those aren’t the same thing.”

“No.” Arthur’s voice drops. “They shouldn’t have been.” Silence. “But in this family, they were.”

The judge lifts a hand before either man can go further.

“I’ve heard enough on the point.”

Both attorneys return to their tables.

Roman’s attorney asks to address the court one final time, and the judge allows it.

“Your Honor, no one questions that Alison loves Tobias, or that she’s played an unusually significant role in his upbringing. But the court isn’t being asked to reward past devotion. It’s being asked to make a prospective determination about a child’s future.”

He looks toward me. “Ms. O’Toole is eighteen. Pregnant. Still in high school. She has no independent income and is entirely reliant on a family with whom she has no legal relationship. The Harringtons’ support is admirable — but it isn’t hers. Their home isn’t hers. Their money isn’t hers. If her relationship with their son changes, her circumstances could change with it.”

Walter makes a low sound. Arthur touches my arm before either of us can react.

“Roman O’Toole’s incarceration is serious. The allegations are grave. But allegations are not convictions. This court should be cautious about permanently severing a father’s custodial authority on unresolved charges while placing a six-year-old with a teenager whose own future is unsettled.”