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.

♪♪

♪♪