Two Mothers for Zachary (1996) - full transcript
A grandmother sues her own daughter for custody of her grandson Zachary, because she believes that her daughter's homosexuality renders her unfit for motherhood. Based on a real custody battle.
♪♪
Jody!
[doorbell ringing]
[Nancy]
Open the door, Jody.
I've got a right to him!
If you don't hand him over,
I'll call the police.
All right,
you give me no choice.
That child is mine.
She can't do that,
can she?
It's okay, Jody.
She can't take him away
from me.
[fireworks booming]
["The Stars and Stripes Forever"
by John Philip Sousa playing]
♪♪
[phone ringing]
[muffled fireworks booming
in distance]
Yeah, she's right here.
Hang on.
Nan, honey?
Huh?
She's at the hospital.
Already?
Yeah.
Hello?
[Nancy screaming]
Oh, I'm right over!
I'll come right over!
Right away.
[both giggling]
Oh, God!
Come on, Harlan.All right,
all right, all right.
Get your camera.
All right.
All day.
God.
♪♪
That's better.
[fireworks popping
and whistling]
[kids chattering]
♪♪
[fireworks booming][Nancy]
Come on!
[Harlan]
All right, dear.
Oh, don't forget
the camera!
All right.
[fireworks continue booming
and whistling]
Hurry! Hurry!
Come on!
[Harlan]
All right.
Whoo!
[fireworks continue booming
in distance]
[siren wailing]
Ahh! Hi.
Robert Lee,
how long's she been in?
I don't know, Mama.
I just got here myself.
Look who's here.She's been in
a couple hours.
Hey. I'm good.Jan, how you doing?
Oh, it's probably just
a false alarm, Nancy.
Hello, Pat.
What are you doing here?
Nancy, her water broke.Mom.
Where do we go?This way.
She's in there
with Keith.
[Jody panting and whimpering]
They said it was
the second door--
Yeah, Mama, here it is,
right here.
Hey.
There she is.Oh, there she is.
Jody Ann.
Aww, darlin'.
Mama's here.Oh, Mama.
Mama's here.
There, sweetheart.
[Jody panting]
Hi, Keith.
Haven't seen you
in the last seven months.
Well, I'm here now,
ain't I?
[Nancy]
Why don't you join your mother
in the waiting room?
[Keith]
I got a right
to be here.
[Nancy]
There.
Mama, I don't like Harlan
in here.
Harlan... why don't you wait
outside with Keith?
You think I'm leaving?
I'm not goin' anywhere.
Jody isn't comfortable
with so many people around.
[Harlan]
Do you need me at all?
'Cause I'd just as soon
head back home.
It's not like
I'm doin' anything here.
Here's your camera.Fine, go on.
I'll phone you
when we get some news.
These your toes?
Is that your nose?
'Cause the baby won't come out
if you're wearing pantyhose.
[laughter][Harlan]
Bobby Lee?
[Robert Lee]
I'm coming.
[Jody]
Oh, no.
Oh! Oh! Ow! Oh!
Oh, man!
[device beeping]
[Jody straining][male doctor]
Push down.
One, two, three, four...That's good.
Take a deep breath.
Now, push hard.
[Smoot]
...five, six, seven...Really push.
...eight, nine, ten.Attagirl.
Okay.
That's good.
Keith, don't act like
you could give a damn!
It's a little late!Trust me!
We can settle
whatever's between us.Oh, really?
How do you plan
to do that?
Well, you're the one
that told me not to call
or come around.
Again.
Ready, and...What? Okay.
...one, two, three...Okay, I admit
I wasn't perfect,
but neither were you.
Don't forget that.
[Jody straining]
I never claimed to be perfect!
...nine, ten!I told you
I'll talk anytime,
but yellin' ain't talkin'.Oh, grow up, Keith!
Well, like you're
a real example of maturity.
[Smoot]
Again. Ready, and...I don't know how many times
I came home to an empty bed
because you were out
running around,
partyin', doing whatever else.Oh, man! Mama warned me!
[Smoot]
...six, seven, eight...Right.
Take Nancy's word.
Suddenly you and her
are getting along.
Don't you dare say
anything bad about her!
She's been there for me!
She's the one that's paid
all the bills!
The head's coming.Really?
Now, push.
Push for the head.
Okay, don't panic,
don't panic.
This ain't right,
baby doll.
Ow!
Push hard.
Really? Okay!We're having a baby!
And I already got
divorce papers!
Just sign 'em
and get it over with!
[Jody straining]
Good, good, good, good!
Okay, good, good...
Oh, God!
[Jody screaming]
Oh! Ah!
Oh, my God!
[baby crying]Good girl.
That's fine.Oh, my God!
All right.
Great baby.
[chuckling]
Stop it!
[Jody and baby crying]
He's perfect!
[Jody chuckling][Keith]
I got a son!
Look at him, Keith!
Count all his fingers and toes!
He's okay, isn't he?Listen to that set of lungs!
He's crying.
He's crying!
That's a good sign, right?
That's a good sign?
[Smoot]
It's a good sign.
It just means he's a fighter,
just like his mama.
[baby crying]Hi, sweetheart.
Hi!
Oh, my goodness!
He's perfect!
You're perfect.
You're perfect.
Hey. Hey!
[woman over P.A.]
Dr. Davis, telephone, please.
♪♪
[Nancy mouthing words silently]
[whispering]
Grandma.
[mouthing words silently]
♪♪
[Nancy]
Hi, darling.
Darlin'.
Oh... darlin'.
[indistinct background chatter]
[both gasp]
[door closes]
Okay, come on.
Okay?
Ahh.
Let's go.
Come on.
I'm comin'.
Hurry up!
Oh, God,
I'm trying!
Ow!
Ooh!
[both laughing]
Don't laugh!
I've been good!
[coughing]
Right, right.
As long as being good
don't interfere
with having a good time.
Lucky for you,
I made an early career
out of misbehaving.
Oh, right.
So those late nights
and wild parties,
that was for me?
Aww.
[laughing]
I don't know what
I would've done
if you hadn't been there.
I'm naming him
Zachary Lee.
Hmm?
I want him
to have your name.
At least part of it.Jody, you don't
have to do that.
I want to be the mother
he deserves.
Jody... he's gonna love you
no matter what.
Okay?
Okay.
[indistinct announcement
on P.A.]
You call if you have
any questions.
Okay.
Thank you.
Oh, could I?
Okay.
Why don't I take him to the car
and get him strapped in?
I-I'll take him.
Pat, I'll--
Jody, help.
Oh, Mama, I'm sorry.
I'm so sorry.
I...
Oh, please don't hate me.
[Smoot]
And this is for you
and the baby.
Bye-bye.
Bye.
Very obliged.
How could you let
Keith's mother
hold him first?
I'm hurt.
I'm really, really hurt.
I think I deserve better.
I don't know why
it matters so much
who held Zachary first.
And Keith didn't belong
in the delivery room.
That uppity creature,
that nurse
with all her official
dos and don'ts.
[Pat]
He's already snug
as a bug.
She never even--
Oh, thank you, Pat.
She never even considered
that you might have
wanted me in there.
[doors closing
and engine turning over]
[Harlan]
Let's go.
Everybody in?
[Robert Lee]
Hold on!
I'm coming.
Hey!
Coochie-coochie-coochie-coo!
[Harlan]
We all set?
I want you to come home,
Jody Ann.
Just for a few weeks.
Until you get a job.
[Jody]
Bye!
[Nancy]
It's not just
for the baby's sake.
It'll be best
for you too.
We've had our problems,
I admit,
but they're behind us now.
Everything changes
when you're a mother.
♪♪
Hey, Jody.
You want a brewski
or you still on the wagon?
[Jody chuckles]
I'll tell you what.
Why don't you just pour it in
when I lay my head back?
[both chuckling]
Oh, man.
Come on, Jody.
You know you hate it
over there.
I don't hate it there...
that much.
Besides, who else am I gonna get
to watch Zach for free?
And you've seen her with him.
Sh-She adores him.
Same way she adores
Robert Lee.
[children chattering]
[muffled scoff]
[Zach crying]
Shh!
It's okay.
Shh.
[door closes]
♪ Row, row, row your boat
[sobbing]
♪ Gently down the stream
♪ Merrily, merrily, merrily,
merrily, life is but a dream ♪♪
Shh.
It's okay.
It's okay.[Zach continues crying]
[Nancy]
Jody, hi.
Are you my precious?
What's wrong with you,
honey?
[Jody sobbing]
I don't know.
I can't do anything right.
Oh, darlin'.
I just don't feel like
I can do anything right.
Oh, come on.
Why don't you phone Jan
and go out tonight?
Go on.
You've earned it.
[Zach continues crying]
Go on, darlin'.Are you sure?
Yes, I'm sure.
Zach's fine.
You'll be fine as soon
as you've had a night out.
Get your pretty things on.
Put on a pretty dress.Thanks, Mama.
There, darling.
That's good, darling.
Thanks, Mama.
Have a good time.
Oh, now, sweetheart,
let's get behind those ears.
[rock music playing]
[indistinct chatter]
♪♪
♪ I like women
a little on the trashy side ♪♪
[Jan]
You mean!
Come on.
Come on!
[both laughing]
All right, you watch yourself
tonight, girl.
Uh-huh?'Cause I know you.
When you've had
too many beers...
Uh-huh?
...and you see
some cute cowboy
flattering you,
what do you do?
You go and lose
your head completely.
♪ Well, I'm looking for a woman
with a little bit of kick♪
♪ A little flash city
and a little nature hip♪
♪ Not married to Jack Daniels
but knows him pretty well...♪
Oh!
Oh, no!
Come on!
Get it!
Slow down, now.
Oh, slow down!
♪ I'm looking for a woman
with a little bit of kick...♪
[Jody laughing]
Oh, no!
Ah!
[laughter]
Hey, I'm gonna need to take
serious advantage of you
after I get you
all liquored up.
[Jody laughing]
Oh, stop!Hey, loosen up.
You ain't no preacher's
daughter, are you?
[Jody laughing]
Hold that thought.
Where you goin'?
Gotta make a phone call.
I'm gon' help her count
her change.
Uh-oh.
♪ I love my baby,
she's a lady at night♪♪
Bye.
[glass bottles clinking]
Later, baby!
You don't have to say
a thing, Mama.
I was worried to death.
It won't happen again.
This time, I swear.
Hey.
Hey.
I know, don't say anything.
I look like hell.
Oh, you look like I feel.[Jody scoffs]
[Jan sighing]
So, did Nancy give you
the big deep freeze?
She'll get over it.
Maggie Fergus,
meet Jody Shaffell.
Hi.Soon to be divorced,
new mother, and aspiring
Valu-Mart employee.
Maggie's working part-time
in gardening.
Part-time,
but part of a proud team.
At least you get to wear
a uniform.
And?
And?
And I look stunning in it.
[Jan]
Yeah, right.
Aww.
Yeah, you do.
That's right.
Yeah, okay.
[door closes][laughing]
There you go.Hey!
I got the job!
Ohh! Where?
At Valu-Mart?
Uh-huh.
With Jan?
Uh-huh.
Ohh!
I start Monday.
Lay-a-way.
Oh! Oh, darling.
Oh, that's marvelous.
Hi, Zachy!
Hi.
Look what I got ya.
We're gonna make
real money now.
We're no longer dependents
on the State of Virginia
anymore.
And it's official now.
Keith signed the papers.
There you are.
Don't suppose you'll ever get
a penny of support from him.
Ma, come on.
Keith is always gonna be
Zach's daddy.
Keith Kinchloe's never coming
into my house.
Mama, don't be
like that, okay?
I remember when
I was growing up,
I really missed my daddy.
I don't want Zach--Don't, don't, don't.
Don't glorify
your father to me.
Don't you dare.
He ran off and left me
with a mountain of bills
and no job
and two kids to raise.
He didn't exactly run off.
You chased him off.
Huh?
And then you bring Harlan
in this house,
and we're supposed to treat him
like he's our father.
Harlan?
Harlan kept us together
as a family.
He took care of us.
Yes, he did.
And he paid the bills.
[sniffing]
Ooh.
I don't like Harlan.
I never liked Harlan.
You never gave him
a chance!
You are so rude
and disrespectful!
[Zach crying]
You ran away
at the age of 12.
You're wild.
And you're full of it.
You're always tellin'
everybody else how
to live their life,
showing off in front
of the neighbors,
pretending we're this
happy family.
What?
You're a hypocrite!
Don't talk to me--
[Jody]
At least me and Keith
got married!
I was the only kid on the block
who had a mama shacking up!
Don't you dare talk to me
like that!
[Zach continues crying]
Oh, look at you.
Oh, darlin'.
Dressin' dirty,
talkin' filthy,
stayin' out all night.
You straighten yourself
and your life out,
or so help me, I shall.
[Zach continues crying]
Oh, darlin'.
Darlin'.
[woman over P.A.]
Jan Barn, please come
to the manager's office.
Look, just because Nancy
buys him everything
does not mean she owns
the pink slip on him
or on you either.
Can we just stop talking
about it?Fine, fine.
[knocking on window]
But you need
to stand up to her.
[knocking continues]
What?
[muffled]
Jan, didn't you hear
the page?
There's inventory
in the stock room
that's gotta be marked down.
Well, what's the big deal?Check the schedule.
You're on late lunch!
Ugh!
This place is like working
at a swap meet,
only without the glamour.
Don't eat the rest
of my sandwich.
It may not be any
of my business,
but, you know,
since I'm here,
I kinda think Jan's right.
No, my mama's right.
I really do need her help.
I've... I've even been
on welfare.
[Maggie scoffs]
Attention, Valu-Mart shoppers,
mother of a small child
receiving government assistance
on aisle 12.
Come on, Maggie,
it's embarrassing.
Well, as far as I'm concerned,
there's no disgrace
to be on the dole
as long as you work
to get yourself off of it.
Still, sure would be nice
if Sir Lancelot
would ride up on his
white stallion and rescue me.
Well, I must be reading
a different set of fairy tales
'cause I keep waiting
for Lady Guinevere.
I felt like such an idiot!
Why didn't you say something
to me?
Well, I figured
you knew, okay?
Geez, Jody.
I undressed
in front of her!
She saw me half naked!No big deal.
Since you had the baby,
your figure's not looking
that great.
Hey, hey, hey!
[both laughing]
I just realized something.
We made plans.
We're supposed to go
on a picnic.
Well, just call her.
Tell her you don't wanna go.
Tell her you're busy.I can't do that!
I mean,
I... I like her.
She's kinda nice.
You think you're gonna need
a chaperone?
Gah!
Bye.
[laughing]
Oh, God.
[Jody]
I'm gonna start.
Okay, okay, and this time,
we'll get it right.
♪ Row, row, row your boat,
gently down the stream ♪
[Maggie]
♪ Row, row, row your boat,
gently down the stream ♪
♪ Merrily, merrily, merrily,
merrily, life is but a dream ♪
♪ Merrily, merrily, merrily,
merrily, life is but a dream ♪
♪ Row, row, row your boat,
gently down the stream ♪
♪ Row, row, row your boat,
gently down the stream ♪
[both]
♪ Merrily, merrily, merrily,
merrily, life is but a dream ♪
♪ Row, row, row ♪ Row, row, row your boat
♪ Row your boat ♪ Gently down the stream
♪ Gently down--
Whoa!
♪ Merrily-- ♪
[laughter]
♪♪
[Jody]
This place
is just incredible.
How'd you find out
about it?
[Maggie]
Um, I grew up around here.
My dad said the Indians
considered this place sacred.
Wow.
That's nice.
Well, I think my dad
just said it
so that we'd be quiet
while he was fishing.
Well, I don't care
if he meant it or not.
I've never had a place
that was special or secret.
Till now.
Do you want that?
What's the matter, sweetie?
You want it?
Here, let me get that for you.
Here, let me get the--
Jody, let him get it himself.
He's almost got it
figured out.
Ah!
[both laughing]
He did it!
You're pretty proud
of yourself, aren't ya?
Huh?
♪♪
[Jody giggling]
You don't have to be
so rough with him.
He's not gonna break,
Maggie.
You okay?
Yeah.
[Jody]
Don't worry about
waking him up.
When he's out,
he's out.
And you don't have
to be embarrassed
about liking babies.
Everybody likes babies.
I mean,
I'm kinda partial to mine.
I know all mothers say
their baby's special,
but I don't know.
Something about Zach.
He's extra special, right?
It's not that.
I'm not embarrassed.
I just... I just think
you're lucky, Jody.
You got a whole lot more
than most people.
Do I seem ungrateful?
No, no, no.
I see the way you are
and you're a good mother.
Thanks.
What is it?
I got a boy of my own.
You have a baby?
You have a baby?!
Well, I don't think he'd like
to be called that.
He's almost five.
Where is he?
Um, I gave him up
for adoption.
Maggie, I--
No!
They're good parents.
They love him
and they've made
a good home for him.
So you know where he is?
Yeah.
Wow.
How did it happen?
I mean, how-how do you--Oh, wait a minute.
What do you mean?
How did someone like me
end up getting pregnant?
Is that what you wanna know?
[mouthing word silently]
Uh...
I was raped.
[crying]
I'm sorry.
I don't do this anymore.
I don't cry anymore.
I'm sorry.
I'm so sorry.
I've never told anybody
that before.
A lot of secrets
for one day, huh?
[chuckling]
Yeah.
Ohh, I want you
to be honest with me.
♪♪
Oh! Oh, sorry!
Did I squish ya?
[both laughing]
[indistinct program on TV]
[woman on TV]
Hey, catch this guy!
Can you believe him?
[Harlan and Robert Lee laughing]
Oh!
Actually,
I've seen this one before.
[man on TV]
Here he goes.
Here he comes.
[Harlan]
Uh-oh.
Hi, I'm Maggie.
[Robert Lee and Harlan]
Hi.Um, hi.
We haven't been
officially introduced.
You must be Nancy.
I've heard so much
about you.
Hi, Maggie.
Hi.
Maggie, through that door.
You'll see my bedroom
and then his.
[both giggling]
I better get going.
I got an early shift
in the morning.
Okay.
I really had a good time.
Me too.
[laughing]
Come here, big guy.There you go.
I know, beddy-bye time.Bye, sweetie.
Mmm.
[smooching]
Good night, Nancy.
Huh?
Oh, good night.
[door opens and closes]
You were out
a long time.
It's awful late.
It's note late.
It's still early.
I'll clean the kitchen.
Hey! What's a gal gotta do
to get some service around here?
Hey, you want it fast
or you want it good?
Here.
There you go, big guy.
You didn't spit on this,
did ya?
Oh, that's what makes
a house special special.
Oh, Jody, someday I'm gonna own
a restaurant
where that's considered
an outright offense.
What, this?
Ketchup on eggs is like
a religion for me.
[Zach cooing]
You wanna do something
this weekend?
Yeah! Anything.
Um, we can hang out
at the apartment
or take Zach to the park
after my shift at the store.
Two jobs.
I don't know how you do it.
Eh, it keeps me
off the streets.
Besides, I was serious
about the restaurant.
Hey, hey, hey!
Gonna hurt somebody.
Yeah, myself.
Here.
Plus, I figure it's my way
of paying my dues.
Well, I could see you
running a diner.
Hey, what about me?
Think maybe I could
pour coffee
and flirt with the truckers
for tips?
We'd make a good team,
but only if you wear
those sexy
white orthopedic shoes.
Uh, I hear those truckers go
for those.
Sorry, sugar,
I need an order.
Okay, Vada.
Bye!
Hi!
[Zach babbling]
[Jan]
Geez, Jody, I mean,
be friends with her if you want,
but, you know, it starts looking
like you're going steady.
Not like you'd add
to the rumors, right, Jan?
No, not me.
God!
You know what she is.
It's not exactly a secret.
You know what?
You're friends with her.
You introduced us.
How come nobody's
gossiping about you?
Because I know where
to draw the line.
You know, even Nancy
asked me about Mag--
What did you tell her?God!
You don't give me credit
for nothing, do you?
God, Jody.
Hey, you think
I ought to quit smoking?
I mean, everything
that I own now
smells like an ashtr--
Jan, what did you tell her?Nothing!
I told her nothin', okay?
[Jody breathes deeply]
I mean, it's the truth,
isn't it?
There's nothing
between you, right?
Right.
[scoffing]
I mean, I tell everybody
you're just friends.
Okay.
Look-- oh!
I stick up for you, Jody.
Jody, can I talk to you?Yes, sir.
Uh, this is
just not working out.
I think you ought
to start looking
for another job.
What'd I do?
[indistinct announcement
over P.A.]
Nancy, these are so good.Uh-huh.
I'm glad you like them.
I should bake more.
Harlan and Robert Lee
like it when I bake.
But between looking
after Zach and them,
I don't have enough time.
Well, I'd love the recipe.
[Zach]
Mama.
What, hon?
What?
Mama.
[Nancy chuckling]
Oh, my little lamb chop.
What would you like?
What can Mama get you, huh?
What would you like?
You take one.
Should we take this one too?
Come on, darling.
Let's go there.
Come along with Mama
and we'll sing a song.
Jody says you know how
to cook.
Yeah, I do that
for a living.
Oh, wonderful.
Really?
Oh, listen!
I've got some eggnog.
Jody, get the eggnog.Okay.
No, no,
tea or coffee's fine.
But it's Christmas.
No, no.
Recovering alcoholic.
You know,
12 small steps for man,
1 giant leap
for womankind.
[Zach fussing]
You're so fussy today.Aww!
Mama.
I wonder what's the matter
with you?
Jody, you know,
I was wondering.
Maybe he's teething?
He's not teething, Mama.
And he's not fussy.
Why you always
saying that?
I think he just
fakes it sometimes
'cause that's the only way
he gets attention.
[Jody]
Yeah, that could be it.
[Robert Lee]
Hey, Zach.Yeah!
[Robert Lee barking]
Family picture!
Where's the camera?
[men groaning]Come on, everybody.
Where's the camera?
[Harlan]
See, every Christmas,
we take the same picture,
and every Christmas,
it turns out worse than
it did the year before.
Oh, Harlan.
Maggie, why don't you
take the picture?
Oh, okay.Line up, everybody.
[Robert Lee]
We look like we belong
on the side of a milk carton.
on the top ten list
at the post office.
Ready?
[Harlan]
The sooner we do it,
the sooner it's over.
Say "cheese."
[together]
Cheese!
[camera shutter clicks]
Now one of me
and Jody and Zach.
Get out while we can.Come on, Zach.
Oh, okay, um, all right.[Robert Lee]
Big smile now.
Uh, say "cheese" again.
[together]
Cheese!
[camera shutter clicks]Again!
Now just me and Zach.
[Robert Lee]
Come on.
Um, yeah, okay.
Here we go.[Nancy]
Ready, steady.
[breathes in deeply]
Merry Christmas!
[camera shutter clicks]
[both laughing]
Thank you
for coming tonight.
I know these family things
can get to be pretty boring.
No, I had fun!
Your mom's not that bad.
Yeah.
[both laughing]
Yeah.
Um...
Merry Christmas.
Oh... what did you do?
Oh, my.
My God!
It's beautiful.
Well, I wanted
to get you something,
and, you know, it's kind
of a friendship necklace.
And when I saw it,
it reminded me
of you and Zach.
I mean, the amethyst
is your birthstone
and, uh...
And the rubies
are for Zach.
It's beautiful.
Thank you.
Can you put it on me?Yeah, sure.
♪♪
[Jody giggling]
There.
♪♪
[door opens]
Jody, Zach's hanging
his stocking!
You better come in!
Okay!
Jody Ann,
you're gonna miss it!
[door closes]All right!
I'm--
Thank you.
Bye.
Okay.
Bye.
♪♪
Vada, where do you think
Jody wants this?
No, sorry, hon.Um, oh, that's okay.
Um, well, could you just
put it in the bedroom?
Or-- I don't know.
We'll figure it out later.
Yeah.
Okay.
All right, here we go.
More stuff.
Where do you want this, Jody?
[Jody]
Bedroom, by the window.Okay.
Might as well give him a view
with the room.
Jody Ann, tell me, how is this
better for my baby?
Mama...
Well, you ought to be thinking
about Zach first.
You've lost your job.
You're back on welfare.
Mama, please.
Honey, where do you
want these?
Closet's fine.
Thanks, Vada.
It seems like
you don't know
what you're doing,
moving in with her.
[whispering]
You don't know
this Maggie person.
Mama, I know Maggie, okay?
Come on, I had
to move out sometime.
Why?
I talked with Jan.
She says you don't go out
with her anymore.
You don't call her.
Can we talk
about this later, please?
Thanks.
You two have always been
best friends.
Ever since you took up
with this Maggie,
it seems like
you've closed everyone out.
Mama, we're just trying
to get settled.
We're-We're trying
to get ahead of the bills,
save some money for Zach.
Why in the world
would Maggie...
[indistinct chatter
in background]
[whispering]
Why in the world
would Maggie
have any interest
in saving money for Zach?
Mama...
I want to tell you
something.
And I hope...
[breathing heavily]
Maggie and me,
we're not just friends.
We're not just roommates.
Oh.
I don't like Maggie
like I like Jan.
I-I more than like her.
Yeah.
So, what are you
telling me?
That we're partners.
We're a couple.
I love her.
[sighing]
Oh, well.
I've been through
every other phase with you.
Your promiscuous phase...
when you ran around
with any boy who'd show you
a minute of attention.
The drugs and alcohol phase.
Now, I guess it's this phase.
No, you know what?
This isn't a phase.
And I'm not gonna change my mind
about Maggie
or... anything else.
Jody Ann...
It's unnatural.
[Zach]
Look, Maggie.
Open drawer.
Oh, no!
Zach, honey, no.
No, no, no, no.
Keep that shut.
Okay-- oh, no.
[Jody]
Mom, it's not such a big deal.
I mean, since I got fired,
I got all the time in the world.
But the weekends are mine.
We agreed.
[Jody on phone]
I know, I know.
Well, you can come and visit him
anytime you want.
[Jody]
Just like other grandmas.
Hardly get to see him anymore.
It's like you're keeping him
from me.
Sweetheart,
please don't play
with that, please.
No, I'm not.
Yes, Jody, you are!
[Zach]
Zach open drawer.
[Jody]
Zach!
[sighing]
[whispering]
Maggie!
Hey!
Zach, I told you
to stay out of that.
I shouldn't have to make
appointments to see my baby.
Look, you know what?
Come on over now,
if you want, okay?
When I do get to see him,
he's fussy, he's bad-tempered.
It's not in his nature.
Something's goin' on.
You know what's going on?
He's going through
the terrible twos.
Hey, Zach, I told you
to stay out of that.
You shouldn't
take advantage of me
when it suits you.
You shouldn't just use me.
I'm the one he depends on.
I'm the one raising him!
And you have been
a very big help.
You really have.
Mama, I appreciate it,
I really do, but he is my son.
Mag-- Zach!
Zach!
Zachary, no!
[dish shattering]
Ah!
Zach!
[Zach]
No!
Zachary Lee Kinchloe!
No!
[Zach crying]
[Jody spanking Zach]
[Jody]
No!
[Zach loudly crying]
Jody?
Jody, what's happening to Zach?
No, I'm sorry.
I'm sorry, sweetie.
I'm sorry. I'm sorry.You're bad!
No, I know,
I know, I know.
Jody, what's happening to Zach?
[Jody]
I didn't mean
to scare you.
[Nancy on phone]
Jody? Jody? Jody!
[Zach loudly crying]Jody!
Jody?
[Jody]
I'm sorry,
I'm sorry.
I'm so sorry!
I'm sorry!
Uh, they're fine.
Um, she's fine.
Maggie?
Maggie Fergus,
I'm talking to my daughter.
Will you put her
on the phone?
Look, Nancy, she'll--
she'll have to call you back.
Jody!
[dial tone]
Jody, honey, calm down.I'm so sorry.
I'm so sorry.
[phone ringing]He's fine.
Mommy's gotta do something
about her temper, right?
[phone continues ringing]No.
Right?
I won't hurt you.
[Jody muttering indistinctly]
[phone continues ringing]
Hey, guess
how many shrinks
it takes to change
a light bulb.
How many?
None.
The light bulb has to want
to change itself.
So?So, what?
So, I'm dying
to ask.
Well, I thought I went
to therapy to talk
about my temper.
Instead, I spent
the whole session
talking about something...
totally different.
♪♪
[Nancy sighing]
Well, I don't believe
anything you say.
Well, Nancy, that is what
Jody says is what happened.
Why doesn't she
tell me herself?
[Maggie sighing]
Jody?
[whispering]
She wants to speak
to you.
Mama.
I'm sorry, but I...
I just-- I don't want Zach
in that house anymore.
Jody Ann,
I don't believe a word.
I don't.
[Nancy sighing]
Jody, this time
you've gone too far--
I j-- I just don't want Zach
in your house anymore.
[Maggie]
Hey, Bobby Lee.
Wanna help us
with this stuff?
Huh?
Come on.
It's like you're taking away
the only thing
she's ever cared about.
Did you know I talked
to Mama last night?
No, and it doesn't matter.
Why don't you just
go talk to her?
You got no shame.
Look, it's not like I don't
feel bad enough already.
And you don't care how much
you hurt the rest of us?
Hurt you?
Look, Robert Lee...
all I want is a chance
to be with my son.
I told her
she can visit anytime.
But I swear, sometimes,
he doesn't even know
who his mama is.
Her or me.
You know, maybe Zach
ought to be with her.
It's not exactly
a normal family around here,
especially for a boy.
And we came from such
a normal family, didn't we?
News flash, Robert Lee!
Nothin' about us
was ever normal!
What?
You got no shame
anymore, Jody.
No shame!
You have no shame,
Zachary Kinchloe!
You have no shame,
playing in that pool!
Hot.
[laughter]
It is hot out, huh?You have no shame.
Hey!
Yeah.
You know, it's gonna be
complete chaos around here
with him here all the time.
You do understand that,
don't you?
Yup!
No more beauty sleep.
No more late
Saturday night dinners.
Yup.
No more spontaneity,
just going to the movies
whenever we want.
And nothin' but
"The Little Mermaid"
in the VCR?
It's gonna be great.
[phone ringing]
Three guesses.
Gotcha!
Oh!
Okay, fill it up.
Hello?
[man on phone]
Is this Jody Shaffell?
Yeah.
Who is this?
This is Mr. Clifton Chalmer.
I represent your mama.
One question for you.
Are you willing
to submit the child
to your mother
for visitation?
Visitation?
For who?
Your mother.
Keeping Zach on the weekends.
No.
Then we'll see you in court.
[dial tone]
[Zach laughing]
They are never gonna
take me off hold.
Next number.
How many lawyers
have you been through?
Three... or four.Hey, it's not our fault.
They just take one look at us
and they figure we're a couple
of low-rent,
white trash lesbians
who can't pay their fees.
Hey, what are you talking about?
We can pay our fees.
Hi! Hi.
Uh, my name is Jody Shaffell,
and I have a hearing
this morning,
and I need a lawyer.
[Frank]
Now, you let me do
all the talking, okay?
Is that a yes?
You got to say "yes."
The court can't record
non-verbal responses.
Now, you got that?Yes.
Now, don't say
any more than he asks.
Don't elaborate, okay?Yes.
Now, the law's very clear.
Grandparents do not have
visitation rights.
There's a presumption
that the child belongs
with the parent.
Natural order of things
and all that.
Can I ask you something?Hmm?
Is that a yes?
Yes.
She can't get him,
can she?
Trust me.
She's got no grounds.
How many people
in the apartment?
[Jody]
Three.
You and the child
and who else?
My roommate.
Roommate?
Yes, sir.
Maggie Fergus.
We've been rooming
together now for--
Just answer the question.
[Rayburn]
And do you sleep
with Ms. Fergus?
Yes, sir.
[indistinct courtroom chatter]
Before I render my decision,
is there anything you would like
to add, Mr. Chalmer?
Yes, Your Honor.
Given what you have
just heard,
we would like to recommend
full custody,
not merely visitation,
to Nancy Shaffell.
What?
No way he can do that.
Just don't worry about it.
He can't do it.
He cannot.
Don't worry.
No, no--
[Rayburn]
This child has had
prolonged diaper rash.
This child has been hit.
And this mother has admitted
she shows open affection
for Ms. Fergus.
Due to these
and other considerations,
and given the living arrangement
between these two women...
I rule in favor
of Nancy Shaffell.
What?! What?!This court grants
full custody
of Zachary Lee Kinchloe
to his grandmother,
Nancy Shaffell.
[judge banging gavel]
[indistinct chatter]
[judge bangs gavel once]
Oh, God,
I can't even believe it.
I can't believe it.
Okay, let's go.
Listen, hon.
Uh, get some extra blankets
and some pillows, okay?
Okay.
Sweetie-pie, I'll go get
your teddy bear, okay?
Hey, listen.
Don't forget
some orange juice.
We're not gonna be able
to stop for a while, okay?
You're gonna be
just fine, sweetie.
♪♪
Dang it, dang it, dang it!
Oh... should I put
a blanket over him?
Uh, no, no, just take
your sunglasses off.
Why?
It'll make us look
less suspicious.
Okay.
Oh...
he's gonna pull us over.
Well, if you keep
turning around, he will!
Okay, okay.
He's gonna arrest us.
W-Well, Jody, just sit.
Be calm.
Okay.
He's gonna pull us over
and he's gonna arrest us.
Are his lights flashing?
[siren wailing]
Yes!
[Jody exhales]
Just pull over.
What?
Maggie, just pull over.
[siren fading in distance]
We don't know what we're doing,
where we're going.
Where are we going?
Out of Richmond,
out of Virginia,
any place away from Nancy.
Oh, I feel like
I'm 12 years old again
and running away.
I just made
everything worse.
Well, you cannot
let her have him.
What am I gonna do for money?
Where are we gonna live?
What, are we gonna
live out of this car?
This car's bigger
than my first apartment.
That was a joke.
Come on,
you know me.
People like me.
I've got skills.
I can get a job, I can
take care of this family.
I can't.
I'm not gonna
pull you into this.
What are you talking about,
pulling me into it?
I can make
my own decisions.
I'm a dyke-- you try
taking a girl to the prom.
This is cake.
[chuckle]
This won't stop her,
you know.
Uh-uh. She's gonna be
even more determined.
[sighing]
You don't know her
like I do.
Well, I will do
whatever you want.
Give me the keys.
I'm not gonna spend
the rest of my life
looking over my shoulder.
[police siren blaring]
[door closes]
They still
won't let me in.
He's not gonna
understand.
He's not gonna know
what's happening.
I've got a right to him.
I did
the right thing, right?
Yes.
That child is mine.
I've got papers that say so.
Ms. Shaffell, you wanna
open the door, please?
Ms. Shaffell, you wanna
open the door, please?
Where is he?
Upstairs.
You certainly
didn't waste any time.
She's brainwashed you.
She's sick-- you want Zach
to be brought up by a lesbian?
She be pretending
to be his daddy.
You should go
on your knees
and thank God
I'm here to stop it.
Maggie will be
a better parent
than you or Harlan
could ever be.
At my lawyer's suggestion,
Harlan moved out.
See?
I make sacrifices
for the child I love.
Nancy!
Nancy.Let me go.
Can't you at least
let her say goodbye?
She's keeping me from him.
She can't do that.
They're not going anywhere.
[crying]
I've got to get him
out of this house.
[Zach]
Mama.
Mama.
Mama.
Shhh.
Mama... Mama...
Please don't cry.
Please.
Mama!
I love you, sweetie.
I love you.
Mama loves you.Mama...
Mama loves you.Mama...
I'm always
gonna love you.Mama...
They can't stop me
from seeing you.
Mama... Mama...No, they can't.
She can visit him.
Can't you see
what she's doing?
She's making me
look bad.
Come on.
Come on,
Ms. Shaffell.
Okay.
[crying]
Mama.
No, I can't.Mama!
Mama!
My arms won't
let him go.
[whispering]
It's okay.
[both crying]
Please don't.
Please don't.
Please don't, don't,
don't, don't, don't!
My arms won't let go.
No.
Mama!
Mama!
No.
Mama.
Mama...
Come on,
darling.
[sobbing]
Mama...Come on, darling.
Come on,
sweetheart.Oh, God.
Come on,
come on...
Don't you cry.
I warned you.
You brought it
on yourself.
Now you live with it.
[sobbing]
Maggie...
This is as serious
as a heart attack.
Now, if your intention is
to get your son back,
then you are gonna have
to present an apple pie,
"Hello, I'm as hetero
as the next gal"
type of mentality.
What are you saying?
That you want us
to split up?
No, honey,
all he's saying is
that the court just cares
about appearances, right?
Either way...
once custody has
been reinstated,
then we can re-address
how you live your life.
Yeah, but what if somebody
finds out the truth?
Then I'm gonna be
in more trouble, right?
Look, you can take
the high road and lose,
or you can take
the other road and win.
But everyone knows
about me and Maggie.
I mean, it's been public
since the beginning.
You tell them
it was just a phase
and that
you're over it now.
Look, what is
more important,
him or her?
Why do I have
to choose? Why?
I... I don't...
Other women, other mothers,
they don't even...
they don't have to explain
what they do in the bedroom.
Other mothers do not have to
define their sexual relationship
by the legal standard
of the commonwealth of Virginia.
You know,
it's a funny thing
about homosexuality.
People get real hinky.
I'm going to make this
real simple for you.
Bottom line, here?
Maggie, you move out.
You say you love her?
Prove it.
[crying]
[thunder rumbling]
Is everything okay?
Yeah, I said
I'd be all right.
Where are you
gonna stay?
With Jan?
Oh, no, thank you.
I'd rather stay at Vada's.
Jan's not that bad.Yeah, well, all the same,
Vada said I can bunk
on her couch for a while,
and it's close
to the restaurant.
You know what, Maggie,
this is really ridiculous.
It's your apartment.
I'm the one that
should be moving out.
Oh, Jody,
come on now.
Hey-- what are you
and Zach gonna do?
Go back to Nancy's?
I know.
I know-- I should have
spoke up to the judge.
I should have just stood up
to Nancy and to Chalmer.
Oh, really?Yeah.
Come on,
Frank was right.
He's hinky,
but he's right.
I don't like pretending
to be something I'm not.
I know.
But I would never
forgive myself
if I thought I was
the reason that you lost him.
Yeah, but...
[sighs]
I know, I know,
I know we were taking
a chance, but this...
I don't know
what's wrong with me.
It's like every time
I feel threatened,
I just crawl inside myself
like a turtle.
And me being here gives them
all the ammunition they need.
[thunder rumbling]
You didn't turn me gay,
you know.
Wait a minute.
Are you telling me
that I wasn't your first?
[laughing]
[gasp]
Damn!
[laughter]
[thunder rumbling]
I'll come back tomorrow
for the rest of my things.
Maggie.
Jody... don't.
I promised myself
that I wouldn't cry.
[door opening, closing]
[glass shatters]
I want you to stay!
Jody...
please don't do this.
No-- please, no.
Don't do this.
Maggie--
Maggie.
Listen to me.
I am supposed to set
a good example for him, right?
Make the world
a better place,
all that crap.
What am I teaching him
if I don't stand up
for myself--
for what I believe in?
But nobody's
gonna blame you.
If I stay a doormat?
If I let Nancy walk
right over me like always?
No.
Not this time.
If she wants a fight,
let's just give it to her.
I love you!
[laughs]
You got a problem
with that?
[crying]
Let's go in.
[laughter]
Be direct.
Be very direct.
And see if you can't
work in the word "hinky."
I know what I'm doing.
Cripes,
I've been let go,
terminated,
and out-and-out fired.
I think I can handle
this end of it.
Uh, yes, I...
may I please speak
to Mr. Martin?
Mr. Martin, hi, yes.
This is Maggie Fergus.
You know what? Jody would
like to speak to you.
[mouthing words]
Here she comes.
Hi, Mr. Martin.
Yes, I'm calling
from the apartment.
And Maggie's still here.
No, it's not like
I don't appreciate
everything you've done for us,
but I've made up my mind.
I know.
I know.
I-- You're right.
You're right.
But it all got
a little too hinky for us.
[laughs]
[laughing]
Oh, way to go, Jody,
like the yellow pages
weren't bad enough.
What are you gonna do,
shop for a lawyer
in the classifieds?
Think maybe the newspaper would
be interested in our story?
What?
Whoa, whoa.
Do you know what you're saying?
If we do this, it...
it'll never be
the same again.
Oh, Nancy's gonna take this
as a declaration of war.
Then let's bring out
the big guns.
[indistinct speaking
over intercom]
Hey, Jan,
where have you been?
Hey, Jody.
Cute picture.
Yeah, you didn't look too bad
on the evening news either.
Thanks-- boy,
this place hasn't changed.
Hey, wanna grab
some lunch?
Um, no, I kind of
got other plans.
Anybody I know?
I don't think
you'd really like them.
They're not
really your type.
[sighing]
[overlapping chatter]
[voice]
He did have 36 points,
that was two weeks ago.
He had four rebounds.
That's what it was,
an assist...
there's a big difference.
See you later.
Hey, Dwayne, Eddie.
Hey, Jody.
Where's your girlfriend?
[laughter]Hey, can we watch?
Zach's asleep.
I'm not going to wake him.
You come back later.But I want to see him.
I'm the legal guardian.
The court made it clear
that what I say goes for Zach.
You said I could see him
whenever I wanted.
Where are you
going to take him,
back to Maggie?
Oh, come on, Mama,
why are you doing this?
I am doing this
because I love Zach.
Because there's
true love in my heart.
You call this love?
Jesus--
you're taking me to court.
You're keeping
my son from me!
This is not love!
Mama, what about me?
I'm still your daughter!
As long as you're with her,
you're not my daughter.
You come back later,
when he's awake.
[door closes]
Why should I represent you?
What makes you think
you deserve custody?
Because she's a great mom.
Because it's her kid.
I mean all of a sudden
she doesn't have rights?
Why, because
Zach has a diaper rash
or because Nancy Shaffell
says she's not fit?
No, because you chose Maggie
over your own son.
She did no such thing.
Look, the State of Virginia
considers homosexual behavior
a class six felony.
[laughs]
Well, aren't we
the criminals?
Too bad we're not fine
upstanding straight citizens
like all those wife beaters
and child molesters
and murderers.
Now, they've got custody
of their kids, don't they?
Ms. Fergus.
Yeah?
It might be best if you wait
in the other office.
Why?
[phone ringing]
Why don't you move out?
I can't afford it.
If it's a matter
of money--
And it would be a lie.
[sighing] ...I'll set you up
with an apartment and a job.
I have a place to live.
You'd get him back.
Dad, when you got remarried,
did you have to choose?
I'm not choosing
Maggie over Zach.
Look, all my life,
I have...
been in places
where I just don't fit.
Places that
didn't want me.
But when I met Maggie...
and we made a home...
I fit.
We all fit.
You know,
the lesbian community
has made this woman
into a hero.
And the real hero in this
is the grandmother.
The mother didn't care. She beat the child.
To the extent she had to have counseling.
[doorbell ringing]
There's the babysitter.
She's always late.
...his daddy and who is his daddy.
Oh, hi, Kathleen.
You're late.
Okay, Zach,
Mama will be back soon.
Here's some juice. ...last two or three years.
Very unstable.There's a number here
in case...
And she's concerned
about what's going to happen
if this relationship continues,
And Jody asserts
it's going to continue.
Clearly, this mother is unfit.
Look at this.
The Virginia Supreme Court says
that if you exhibit homosexual
or lesbian behavior,
that renders you... Where did all
these people come from?
It's a sad commentary
about the moral decline
in this country.
The average person in Virginia, especially Richmond,
or any place almost
in Virginia,
views D.C. and L.A.
as stark raving mad.
The general consensus is
that this country
is about...
the same place
as the Roman Empire
when the Roman Empire fell
because of lesbianism,
homosexuals,
and things such as this.
Why aren't they interested
in heterosexuals?
Because we don't
get out there
and advocate oral sex
on television.
Now, did your attorney
tell you the reasons
the juvenile court
took custody away from you?
Because I'm living
with Maggie.
Because you're a lesbian
living with Maggie.
As a matter of fact,
the juvenile court judge
wouldn't let you
have visitation
if Maggie was present,
is that correct?
Yes.Now, knowing all that,
you still took the chance
and went back with Maggie?
Doesn't that
indicate in your mind
that you think more of Maggie
than you do the child?
Objection. The question is
argumentative, Your Honor.
Withdraw it,
Your Honor.
Your witness,
Counselor.
How frequently did Harlan
have sex with you?
Whenever he found
convenient times.
What would that end up being
on an average weekly
or monthly or yearly basis?
Um... every other day.
When it was occurring...
you didn't tell
your mother, right?
Right.
Why not?
I just couldn't
tell her.
I-- I couldn't
hurt her.
And he-- he made
the comment that,
if she ever found out,
it would kill her.
Did you tell
any legal authority,
such as police officers,
juvenile people,
or anyone else?
No.
Did you eventually
tell your mother?
Yes.
What was her reaction?
She didn't
believe me at first.
[distant coughing]
Tell me about Zach.
[sighing]
He's a bundle of joy.
You have to know him.
He shouldn't be raised
by two lesbians.
What have been
your observations of the child
since the visitations
began with his mother?
One Tuesday night he came
home, he stomped his foot
and told himself,
"Zach, go to the corner."
And he stood in the corner.
Do you ever make Zach
go to the corner?
No.
I would like to offer
this picture of Zach
standing in the corner
as Exhibit "A," Your Honor.
I don't care
how my daughter lives.
Zach is going to be physically
and mentally harmed in this.
He's going to go through
so much dogging.
Anything else concern you
about it?
It's unfit.
Do you think, given
the circumstances,
that Zach should have
any relationship
with his mother?
He should know who she is.
Other than that,
do you think he should have
a relationship
with his mother?
I would never deny
his mother.
She should have
her visitation.
And you were not aware
that Harlan had been
sexually abusing Jody
from the time she was 12
until she was 17?
No, I didn't.
When did you first
find out about it?
When Jody called me
on the phone to tell me.
And did you confront
Harlan with it?
Yes, I did.
Did you ask him to leave
the house because of that?
Not that night,
no, we talked.
You asked him
to leave the house
so that you could gain custody
of Zach, is that correct?
No, oh, no.
I thought that's what
you testified to?
We figured she might let me
seek my visitation rights
if Harlan was
out of the home.
And did Jody tell you that she
did not want Zach in the home
with Harlan because
Harlan had abused her?
Maggie told me that.
Maggie told you that?Yes.
Did you ever talk
to Jody about it?
She got on the phone.
Did she tell you?
Yes, she did.
And you didn't believe her,
did you?
In a way I did...
and I didn't.
I had no reason
to believe her.
In your opinion, Bobby Lee,
based upon what you saw,
is Jody a good mother
to the child?
No, sir.
Would you tell the court
why you think that?
Well, frequently
she has admitted
she was never fit
to be a mother.
She was not ready
to be a mother.
Just the way she put
herself towards me,
I don't see where
she's fit to be a mother.
Yourmother,
Nancy Shaffell.
What relationship does
she have with Zach
based upon what you see?
It's very close.
It's very, very close.
Now, the bed wherein
the baby slept,
where was that
physically located?
Was that in the same bedroom
with Jody and Maggie?
Yes, sir.
In your opinion, based upon
what you observed,
is Jody Ann a good mother?
Objection!
Objection!
Overruled.
I don't know.
Uh, I don't feel it's right
what she's doing.
The way her lifestyle is.
She's changed.
It's like I don't even
know her anymore.
I mean, I expected this
from Robert Lee.
Nothing in the world is gonna
make him go against Nancy.
But Jan knows
everything.
She knows.Well, she's scared.
She's scared.
All right, but she's supposed
to be my friend.
Well, she's afraid everybody's
gonna think she's one of us.
Please.
I'm real sorry
she's worried about
what people
are gonna think.
In the meantime,
I'm losing my son.
[sighing]
[courtroom chatter]
Do you swear to tell the truth,
the whole truth,
and nothing but the truth,
so help you God?
Yeah, I do.
State your name.
Keith Kinchloe Jr.
You're the father
of Zach Kinchloe?
Yes, sir.
What is your preference
as to where Zach should live
and whose custody
he should be in
as between
Nancy and Jody?
I object to the witness
being allowed to answer
that question.
What weight would
that give me?
His preference?
What evidence would
that give me?
You would know
what the father feels
is in the best interest
of his own son.
Of whom he has
given up custody.
He gave up custody
to the mother.
Merely by agreeing that
the mother would have custody
is not a relinquishment
of any rights.
I am going to sustain
the objection.
[courtroom reacts]
[bailiff]
All rise.
[gavel bangs]
In reaching my decision,
I have had to consider
my duty as a judge.
I say simply this,
that I'm bound by the law
of the Commonwealth.
The mother, Jody Shaffell,
has openly admitted
in this court
that she is living in an active
homosexual relationship.
She admits that
she is sharing a bedroom
and her bed with another.
Her female lover.
She readily admits
the open affection
shown to Maggie Fergus
in front of the child.
Examples were kissing,
patting.
All of these in the presence
of the child.
She further admits
that the child referred
to her lover as "da da."
I do recognize there's
a presumption in the law
in favor of custody being
with the natural parent.
And then I must ask myself,
are Jody Shaffell's
circumstances of unfitness
of such an extraordinary nature
as to rebut this presumption?
And I find that there
is evidence of the child
being affected or afflicted.
The unrebutted evidence
of the cursing,
the child standing
in the corner.
From all the facts
and circumstances
I have heard here today,
from all the circumstances
of this case...
...it is the order of the court
that the custody will be
with the grandmother,
Nancy Shaffell,
and that Jody, the mother,
will have visitations.
I further order...
that there will be no visitation
in the mother's home
and no visitation in
the presence of Maggie Fergus.
That is the ruling of the court.
[gavel bangs]
[courtroom murmuring]
[gasping]
Oh, my,
I'm so excited.
[female reporter]
Jody, what's your reaction
to Paxton's decision?
[Lily]
My client has no comment
at this time.
[male reporter]
What's your next step?
Are you gonna keep fighting?
Please, you're talking
to a mother
who's just lost
custody of her son.
What are you gonna
say to Zach?
No comments!
[sighs]
I should have run
when I had the chance.
We'll appeal.
There's still
the appellate court,
and we've got
a good chance.
Change the law-- that's
the point, isn't it?
So no one else has
to go through this.I don't want to be the lesbian
test case anymore.
I don't care about
other people's rights.
I just want him back.
[engine sputters]
[distant dog barking]
Bye-bye, baby.
Bye, Mama.
[Nancy]
Hey, little man?
How are you?
Mwah.
Go on.
Why don't you just
go away forever?
Just disappear
and leave us all alone.
You and your stupid appeal.
You like the publicity,
and you and your new friends
have turned this thing
into a circus.
You're not a lesbian.
I know you.
I've lived with you!
Did we grow up
in the same house?
Have you not been paying
attention the last 20 years?
You deserve what you get.
You keep being her favorite,
Robert Lee.
Just go ahead.
Keep being her good boy.
She loves me.
Really?
Lucky you.
[engine starts]
Mama.What?
I miss my mom.
I know you do,
darling.
Hey, that's
a good biscuit.
Mmm.
You know that Mama
loves Zachary Lee
more than anything
in the whole wide
world, don't you?
You'll see Mama
on Monday.
My little man.
That's a great one.
Pull him out
and make another.
I love you, Mama.
[crickets chirping]
[Zach giggling inside]
[Nancy laughs]
Yes!
[birds chirping]
[engine starts]
A non-parent is granted
custody over a parent
only when the parent is unfit.
Or if having custody has proven
to be deleterious to the child.
In this case,
the evidence fails to prove
that Jody Shaffell abused
or neglected her son.
To the contrary, the evidence
showed that Jody Shaffell
is and has been a fit
and nurturing parent
who had adequately provided
and cared for her son.
Although Jody Shaffell resides
with Maggie Fergus
in an open lesbian relationship,
no evidence showed
that they engaged
in illegal sexual behavior
in the child's presence.
No evidence showed that
the child has or will suffer
any emotional
or psychological distress
as a result
of the relationship.
Accordingly, we hold
that Jody Shaffell is not
to be deprived of the custody
of her son.
We reverse and vacate
the circuit court's order
and remand the case
with directions
that the circuit court enter
an order effectuating
the resumption of custody
by the mother of her son.
[cheering and applause,
gavel bangs]
Congratulations.
[applause continues,
gavel banging]
Your Honor, at this time
I would like to file
a notice of appeal
to the Virginia Supreme Court.
We further ask for a stay
until the Supreme Court
renders a decision,
therefore maintaining
Judge Paxton's original
custody order,
which is currently
in effect.
So granted.
What?
What's that mean?
Until the Virginia
Supreme Court hears
the case,
Nancy keeps custody.
But I won!
[courtroom murmuring]
[birds chirping]
[vacuum whirring]
[vacuum stops]
[sighs]
...of the governor's
ethics commission
and a member
of the Family Foundation,
co-founder of the Family
Foundation,
who agrees with the decision
of the judge. Why?
Well, Larry, I think
what we're talking about is
not unfit mothers as much
as unfit lifestyles.
This lifestyle, just as much
as a mother's love is natural,
this lifestyle is against
the laws of nature.
And laws of nature are
something that we can't
say are antiquated...
I have done nothing
to this woman.
And what are you doing
to yourself?
Oh, I know. You're making
yourself feel better
before you hear
the Supreme Court
decision tomorrow.
That's a real good idea.
[Larry King]
Where are they written?
Uh, well, they're written in the Virginia code, okay--
The laws of nature are written
in the Virginia code?
Yes, and it's...
Ain't that
the ever-loving truth.
...under the title,
crime against nature.
If we, in a society,
abandon the laws of nature,
go against what are historical
norms in a civilized society,
then we open up that society...Oh, my God.
...for real dysfunction,
real moral disorder.
You know, no one has
given me this right,
but I want to be able to say, I want you to go home,
start over, be with your mama.
Be with your little boy.
The ACLU has turned you into a poster child.
I hate it. I hate to see what you're going through,
and I hate to see you being exploited."
[Larry]
And you would respond
how to Anne?
I should have said
something to her.
I can't believe I didn't say
anything to her.
Okay, Jody, that's it.
Give it to me.
Jody, give it to me!
Come...
What are you doing
home already?
They've been kind
enough to give me
a permanent vacation.
I thought they loved you.
Well, they did.
Till all of this happened.
[chuckling]
Oh, I know, my fault!
Hey, that's not what
I'm talking about.
I can't take it.
I can't take it.
No!It's gonna be all right.
No, I gotta get out of here.
I gotta get out!
Jody, what are you
talking about?
You're just
a case of nerves.
Look, why don't you start
smoking again
or, I don't know,
vacuum a little more?
You're not quitting.
I don't care anymore.
I don't care about Nancy,
I don't care about Robert Lee,
I don't even care about you.Or Zach.
You know, did you ever think
maybe they're right?
Maybe I don't deserve him?
Hell, he might be
better off without me.
Oh, I know,
why don't we ask him?
Hey, Zach, we're taking
a survey of three-year-olds
to see how many of them
think they'd be better off
without their mama.
You are not
changing my mind!
Oh, hey, I'm only here
to help, but look,
if you wanna take off,
your car needs gas.
I'm going.Oh, I know.
I really am.
Because I cannot take
one more court decision.
I cannot listen one more time
about how unfit I am.
How-- How I don't care
about my child
because he's got diaper rash.
How she's the one
raising him.
She's the one
making all the sacrifices!
Hey, hey, Jody, give up.
Go ahead.
They're gonna make
their decision
whether
you're there or not.
Wha-- Oh, baby!
You got me.
I want you out of the car.
Okay.Really, I'm serious.
You never take me
seriously.
I'm gonna put
$5 worth in it.
If that don't mean
I'm taking you serious,
I don't know what does.
I hate it
when you humor me.
Listen, you got extra change
to get me a cherry slushee?
You really should have
something healthy.
Something green.
Okay, then make it
a lime slushee.
[sighing]Thank you.
You're Jody Shaffell.
The lesbian, right?
They're having
that hearing tomorrow.
Well, I'm a grandmother.
I have three children
and five grandchildren.
And I want you to know
that I think
what you're mother
is doing is terrible.
Just terrible.
You keep fighting, honey.
People know what's right.
[softly]
Thank you.
[both chuckling]
Let me call you
right back.
Ben and Lily
aren't here yet.
They're coming back
from court.
But when you called,
you said the decision
had already come in.
Is that it?They haven't had
a chance to review it.
"The Court of Appeals failed
to give proper deference
"to the trial court's findings
and misapplied the law.
"The evidence is plainly
sufficient to support findings
"that the mother is an unfit
custodian at this time,
"and that the child's best
interest would be promoted
by awarding custody
to the grandmother."
[flipping pages]
Can you read that?
I can't.
[Beth]
"We shall not overlook
the mother's relationship
"with Fergus
and the environment
in which the child
"would be raised if custody
is awarded the mother.
"Thus, the judgment
of the Court of Appeals
will be reversed,
"and the case
will be remanded,
awarding custody of the child
to Nancy Shaffell."
Sorry we're late.
Hey, guys, come on,
the decision's
coming down today.
Good thoughts, right?
Oh, no.
I thought
it would go our way.
[Ben]
Four to three.
We only needed
one more judge.
Well, we can still go to the
U.S. Supreme Court, can't we?
I'm afraid not.
But at least they left
the door open
for Jody to regain custody.
What are you talking about?
She just lost.
No custody case is ever
completely closed.
Change of circumstances...Wait a minute.
What are you talking about?
Change of circumstance.
I don't know what that means.
We just have to prove
her fitness.
But it'll mean
starting all over again.
And in the meantime?
You still have visitation.
That hasn't changed.
You can see him.
Once a week.
But not with Maggie
present
and not at the apartment.
♪♪
I've got the late shift,
so you've got
the run of the place.
What they've done to you
and that boy,
it's no wonder
he's had such a hard time.
A little child not allowed
to play in his own little room,
with his own little things.
Back and forth
and back and forth.
They should make
the adults change houses.
Zach, don't you overfeed
those fish.
Say "night-night, Vada."
Night-night, Vada.[chuckles]
Are you ready for bed?
Mama, can I come home
with you?
Not yet, baby.
Why?
Because the judge says "no."
Why?
It'll be soon, okay?
Can I see Maggie?
You want to see Maggie?
Yeah, you can see Maggie.
When you come home.
Can I have a kitty?
Yeah, maybe.
[both giggling]
Okay, Mama.Okay.
You sleep tight.
Mmm...
Don't let the bedbugs bite.
[laughs]
Hi, there.
Hi, Mama.
Good-bye, Mama.
♪♪
Bye, Mama.
Here you go.
♪♪
♪♪