Beyond the Breaking Point (34 page)

Cassidy sank wearily on the lounge couch. She’d had a hell of a morning. Hopefully, the afternoon would be much better.

She shook her head and wiped teary eyes. As a doctor she knew she couldn’t let the patients she treated get to her on an emotional level. She’d been training to keep a level of emotional detachment, both for her own and her patient’s benefit. But when the patient was a fifteen-year-old who’d just ruined any chance of every carrying a child, all because she’d gotten pregnant and been too afraid to tell and decided to self-abort? Given her own initial feelings about her pregnancy, how could Cassidy not be affected?

To have to look into that child’s eyes and tell her that in addition to almost killing herself, she’d just destroyed any chance she’d ever have of carrying a child had been painful. The young woman, an honor’s student smart enough to search the Internet for means to get rid of the “mistake” she hadn’t wanted, hadn’t realized the full import of what she’d been saying, but the mother had. Cassidy could see it in the woman’s shattered gaze.

She’d had to leave the distraught family and run to the ER where another pregnant woman had been brought in, the victim of a car crash. They’d managed to save the woman, but the child had been stillborn. The husband, who’d also been the driver and been treated for a broken collarbone, had been inconsolable. The baby had been their first. Assurances that the couple was young and healthy and able to conceive again fell on deaf ears. Unable to do more, Cassidy had held the grief-strickened man as he’d cried.

Days like today made her question her insistence on working in the hospital arena and seriously consider pursuing private practice options. But then she remembered all the reasons why she chose this path and with the changes brought on by President Obama’s Affordable Healthcare Act, Cassidy knew she’d chosen wisely, despite what Phillip thought.

Thinking his name made her remember the threats Phillip had made last night, she picked up her phone to call her lawyer. Once again she lucked up and caught Chris in her office.

“Chris, this is Cassidy Brannon. We have a problem,” she said without preamble after listening to Chris’s greeting.

“Hello, Cassidy. What’s wrong?”

Cassidy relayed her conversation with Phillip. “Can he do that, claim the baby as his even if it’s not his?”

Chris sighed. “Unfortunately, he can, although I’ve never heard of anyone using the law in this manner. Generally, it’s used to determine child support. It’s called Estoppel and Presumption of Paternity. In one the law assumes that any child born into an intact marriage is that of the husband’s and is irrefutable as long as the marriage remains intact. Estoppel states as long as your husband is holding himself out to the community to be the child’s father, he can’t come back later and refute it. Legally, he will continue to be deemed the child’s father and held financially responsible for that child.”

“But…but what if we can prove Phillip isn’t the biological father?” Cassidy asked, one hand clutching her chest.

“It doesn’t matter,” Chris said gently. “The court’s first priority is the preservation of marriage and family. The Commonwealth of Pennsylvania is very pro-family. Even if the marriage dissolves, based upon precedent, they’ll more than like consider it in the best interest of the child to proclaim your husband the child’s father, especially if he’s taking an active role in the child’s life.”

“But that isn’t right,” Cassidy cried in disbelief.

 “I agree, but it’s up to the judge. He has the final say.”

Deciding to table that issue for the moment, Cassidy voiced her biggest concern. “If he sues for physical custody, could he win?”

There was silence on the other end. A long enough silence that Cassidy felt nausea rising along with her blood pressure.

“I’d like to say no, of course he wouldn’t, but the truth is I just don’t know. The laws governing custody awards recently changed. It used to be the woman almost always retained physical custody of the children, but now custody is based on a set of criteria and the judge has to go on record stating why he reached the decision he did. He can’t just side with the mother because she’s the mother,” Chris said.

“What criteria?”

“Which party is more likely to encourage and permit frequent and continued contact with the other parent is a big consideration. Parental duties performed by each parent, the need for stability, family life and education concerns, and the availability of extended family to see the child are others. If custody is contested, each parent will be required to submit a parenting plan. Even in cases where custody is agreed upon by the parties involved, the judge could decide differently.”

“So you’re saying there’s no guarantee I’ll retain custody of my child?” Cassidy asked, fear choking her.

“Legal custody, yes. That will most likely be shared between the two of you. As for whom the child will live with? Honestly, Cassidy, it’s a crapshoot.”

“Even if we know he’s not the father?” she asked again, needing some form of hope.

“Do you know who the father is? You told me when we met you weren’t sure.”

“I don’t, but there are tests we can take, endorsed by the AMA that will stand up in court. We don’t have to wait until the baby’s born. I simply have to have a gestation of ten weeks. I’m almost there now.”

Chris sighed again, and it didn’t sound encouraging. “If…” Cassidy heard her flipping papers, “…Max proves to be the biological father, we can try to introduce it into the proceedings, if things progress that far. However, as I stated before, previous precedent has been to determine the husband to be the father, even when the biological father is willing and able to claim his parental rights. Pennsylvania law requires a two-part test to be satisfied before blood test results can be admitted as evidence of paternity. The first step is to determine whether the presumption of paternity applies, and the second is to determine whether paternity by estoppel can be invoked, which in this case, they can. As long as there is an intact marriage to protect, the Supreme Court will maintain that the presumption of paternity is the strongest presumption of the law of Pennsylvania.”

“But the marriage isn’t intact!” Cassidy loudly refuted. In a lower, more controlled voice she said, “We’re separated and I’m trying to get out of it. Doesn’t that count for anything?”

“I’m sorry. I know this is difficult for you, but I warned it wouldn’t be easy,” Chris said.

It was Cassidy’s turn to sigh. Rubbing her aching forehead she said, “I know. I haven’t forgotten what you told me. I…I guess I was being optimistic, hoping for the best. I never expected…” She sighed again. “Hell, I never expected a lot of things. I thought once Phillip realized I was serious, he’d let me go. I never expected to be pregnant and not know who the father was. I never expected Phillip to claim the baby no matter who the biological father was.” Cassidy groaned. “I never expected him to dig in his heels and be willing to fight dirty to keep the marriage intact.”
And I never thought I’d be involved in an affair with a man who burns me up with just a glance,
she finished silently.

“Divorce is rarely easy,” Chris said simply, but with sympathy.

“Thank you for taking the time to speak with me,” Cassidy said, not wanting to take up any more of Chris’ time, especially when she was being billed for it.

“That’s what I’m here for. Call anytime.”

They disconnected.

It was well past the lunch hour. Cassidy knew she should take this time to eat more than the protein bar she’d had on the run, but her heart simply wasn’t in it. Besides, this morning’s emotional upheaval added to her phone call with Chris had her gut rolling. She went to the fridge, pulled out one of her protein shakes, and chugged it down.

Once she determined the mix was going to stay down, she took advantage of the lull to check her messages.

Phillip called and left a message. Mouth set in angry lines, she deleted it without listening.

There was a message from her mother. She scowled as she listened.
“Cassidy, this is your mother. I know you’re angry, but I feel you’re being very immature by not returning my calls. I spoke with Phillip since you won’t talk to me. He says you’re pregnant. I wish I’d heard the news I’m going to be a grandmother from my daughter.
” Disapproval was strong in her mother’s tone. Then she inhaled audibly. Her I’m-trying-to-be-patient-but-you’re-making-it-difficult inhale.
“Call me, Cassidy. You know I only want what’s best for you. Your father sends his love.”

Cassidy blinked rapidly, hating the way her mother could so easily get to her, before firming her jaw. “I will not feel guilty for not telling her. And I’m not calling. Not until I’m ready,” she told the room.

A doctor, an ortho by the looks of him, gave her a strange look as he entered the lounge and headed for the snack machine. Cassidy ignored him.

The next message was from Erika
. “Hey, we haven’t spoken for a couple of days. I’m getting concerned. You didn’t do anything to cause me to need to bail you out, did you? You know I totally would, but I’d be pissed that you left me out of the fun. Call me
.”

That brought out a reluctant smile. She would return her call, but not now. She’d wait until she had time to catch Erika up. It promised to be a long conversation.

As she deleted the message, she noted a text had come in while she was clearing her inbox. Recognizing the number, she immediately opened it.

So far you’ve been the best part of my day. Come over tonight so my night can end as great as the day started. I’ll give you a foot rub and a back massage. I miss you, Max.

Cassidy’s heart melted. Just oozed right out of her chest. Suddenly, she felt a burning desire to hear Max’s voice. Max had a way of making her feel good, strong and confident. She needed that right now. Not that she’d tell him what was going on. He couldn’t do anything about it and even if he could, she wouldn’t run to him. She had no problem asking for help when needed, but this was one problem she’d be handling on her own.

The situation with Phillip was her mess. One she’d clean up herself. But she could draw strength from Max, couldn’t she? Especially since he and Erika were the only ones offering?

She quickly dialed his number, hoping since he’d just texted her he’d be available.

“Max Desalvo speaking.”

All at once Cassidy was breathless, and giddy as a teenager. “Hi,” she managed to get out.

“Hey!” His business-like tone smoothed out, went dark and deep as dark chocolate. “You got my text.”

“Just now. I was checking my messages when it came through. A foot rub, huh?” Cassidy lounged on the couch, absently twining a lock of hair around her finger.

“Best in the state. Guaranteed to make you purr,” he said.

She shivered. “Don’t know how I can turn down an offer like that.”

“You aren’t supposed to. Tell me what time you’ll be there and I’ll throw some steaks on the grill,” he said, sweetening the pot.

She groaned. “Steaks, a foot rub. You sure know how to tempt a woman, Max, especially after a day like mine.”

“Rough day?” he asked, his tone conveying sympathy.

“You were the best part,” she said simply.

“Then let me be the best part of your night. We’ll start and end the day on the right note.”

“I don’t get off until seven, and that’s if nothing comes up requiring my attention,” she warned.

“I’ll be waiting,” he promised. “I have plenty of paperwork to keep me busy until you arrive. So, you’re coming over?”

“Yes.” It came out on a breathy sigh.

“Good, call when you’re on your way,” he said, sounding immensely satisfied.

“I will. Got to go,” Cassidy said as she heard her name being paged.

“See you tonight.”