Bull (2016–…): Season 4, Episode 13 - Child of Mine - full transcript
A couple are sued by their baby's biological father for custody after a fertility clinic mix-up; since family court cases are solely decided by a judge, Bull and Benny think about the best strategy to use since they can't analyze a jury.
♪ Having my baby...
Hey.
♪ How much you love me...
It's slippery. Watch your step.
You're good. I got you.
I got you. All right. Okay, okay.
Everything's in the bag?
Yeah. Got it all. Got it all.
- Are you sure?
- Yep.
Oh, my God. Oh, my God.
Oh, my God.
All right, there you go.
We're close.
You're good.
All right.
You're almost there.
I can see the baby's head.
- I can't do this anymore.
- Yes, you can.
- You've got this, babe.
- No, I don't!
- Yes, you do.
- No.
Just listen to the doctor.
We're almost done.
Elisabeth.
Concentrate.
With the next contraction,
I need you to push
with all your might.
You do that,
and then you get
to meet your baby.
That's what you said
the last time. Okay.
Here we go.
It's a boy.
What's wrong?
Is something wrong?
Something wrong with the baby?
No, no.
He's perfectly healthy.
Okay.
Oh, baby.
Miles, you're not,
you're not saying anything.
Why... why aren't you
saying anything?
Uh, he's beautiful.
It's just he's brown.
What?
Oh, my God, Elisabeth,
he is so adorable.
He is, isn't he?
How's Miles holding up?
Miles is having a tough time.
I mean, he loves him.
But he's...
It's been difficult
with his family.
The guys at work.
You probably noticed
we didn't put Joseph's picture
on the birth announcement.
We didn't even talk about it.
I just showed him a card
without a picture, and he went,
"Yeah, that's great."
Sorry.
I brought him to school,
showed him to
my second graders last week.
What an age.
Yeah, nobody asks questions,
nobody judges.
They just want to know
if he can have candy yet.
Yes, you.
Oh.
Yes, you.
Oh, my love.
Thanks so much for coming.
I know I sort of
fell off the face of the Earth
there for a while.
No, I was thrilled
when you called.
I was thrilled
when you said yes.
But... I have
an ulterior motive.
Okay.
You've probably figured
this out already,
but little Joseph here,
he didn't happen
without some help.
I know you know Miles and I
were trying for years;
finally started doing
the fertility clinic thing.
Lots of almosts, couple
of outright failures, too.
And of course, one fantastic,
thrilling success.
Unfortunately, in the process
of arriving at that success,
the clinic,
apparently, mistakenly,
used another patient's sperm.
I-I called because I remembered
you work at a law firm now.
Well, actually,
it's a trial science firm.
But there are lawyers
there, right?
Yes. There are lawyers.
Good. 'Cause I need one.
I just want to be clear.
I love my son.
I thank God every
day for my son.
And we are both incredibly
grateful for this gift.
Duly noted.
So... what is it you want
to achieve by suing the clinic?
Well, first and foremost,
we want to make sure
this doesn't happen
to anyone else.
I mean... our son
has a stranger's DNA.
We-we really feel like
we're in a blind spot
regarding so many things:
I mean, medical history,
intellectual aptitudes,
social challenges.
We're not wealthy people.
I work in construction,
my wife's a second
grade teacher.
All right, for six years,
we poured every cent we had
in trying to get pregnant.
Took out loans.
We're in debt
up to our eyeballs.
And we did it all so we
could have a child together.
T-Together.
You know what I mean.
So,
in addition to putting
the clinic on notice
so it cleans up its act
and doesn't make
this kind of mistake again,
you also want to recover
some of the costs
associated with your treatments,
because, while you are thrilled
to have baby Joseph,
it was not the outcome
you were promised.
Exactly.
I have to warn you
that reproductive negligence
cases can be very tricky.
Juries have a hard time
ruling in the plaintiff's favor
when they've walked away
with a healthy baby.
Well, let's not
get ahead of ourselves.
I don't know that this is
necessarily ever gonna see
the inside of a courtroom.
Let me call the clinic
on your behalf,
see if we can't get
their lawyers over here
and... figure this out
the old-fashioned way:
across a table,
with lots of coffee
and some bathroom breaks.
You keep wanting to look past
the fact that my clients
have clear evidence.
I'm not looking past anything.
The clinic has already
admitted fault here.
They've tightened up
their practices and added
new security safeguards.
They've sent letters
to all of their clients
informing them of this incident.
And now they're offering
free DNA testing
to any new parents who worry
that they may also be
victims of this mishap.
Which is all well and good
for the clinic,
but we're here to try
and help the McConnells.
Of course.
And after much consideration
and conversation,
the clinic would like
to offer the McConnells
their sincerest apology
and a check for $40,000
as reimbursement
for the round of IVF
that didn't follow protocol.
I'm sorry, but that
number doesn't even begin
to take into account that
this "round of IVF"
that did not follow protocol
resulted in a child
that does not share
Miles McConnell's DNA,
and could be prone to a host
of genetic anomalies
that my clients
are not prepared for,
an outcome for which
they paid over $400,000.
Or we could just go to court.
But let's be honest.
We all know the clinic
doesn't want this to become
an ugly public trial.
Win, lose or draw,
it's gonna irreparably tarnish
their reputation.
And most likely,
kill their business.
Give me a number.
I would say reimbursing
the McConnells
their entire $400,000
and adding another 400,000
for pain and suffering
would be a fair number,
wouldn't you?
I'm not authorized
to go above 400,000.
Well, then, we have a problem,
because I'm not authorized
to accept less than a million.
Wait a second.
You just said 800,000.
Yes. That was
two minutes ago.
And now I said a million.
And in another two minutes,
I'm gonna say a million five.
Are you sensing
the pattern here?
Let me make a call.
You make a call.
Uh, f-four hundred thousand
would honestly plenty.
That doesn't even get you out
of the financial hole you're in.
B-But it helps. I mean,
we should just take it.
Yeah.
Benny, would you explain
to our clients
how the game is played?
Mm. You know
the only thing better
than a six-figure settlement?
A million dollars.
I... I don't think
my brain can count that high.
Taylor, thank you.
And thank you both.
It's our pleasure.
Oh, any friends of Taylor's
are friends of ours.
Are you Miles?
Miles McConnell?
Yeah, maybe.
Who's asking?
You've been served.
What is it?
Mind if I take a look at it?
It's a paternity petition
from a man named
Roderick Walton.
Okay, what does this mean?
It means he believes
he's your son's
biological father,
and he's suing you for custody.
All rise.
In the matter of
Walton v. McConnell,
in light of the recent
paternity test,
there can be no doubt
that Mr. Roderick Walton
is indeed the biological father
of Joseph Patrick McConnell.
Therefore,
Mr. Walton does have
a legal claim to the child.
I have to say
I have never encountered
a situation like this before.
Under the circumstances,
it would be my strenuous
recommendation that both parties
and their counsel meet with me
in chambers to discuss
a joint custody resolution.
Your Honor, just to be clear,
as the only parents
this child has ever known,
the McConnells believe
it is their right and duty
to retain sole custody.
Your Honor, also in
the interest of clarity,
my clients believe
it is their right
and their duty to demand
full custody as well.
I beg your pardon, but
I gave birth to this baby.
Benny's got this. It's okay.
Your Honor, my client,
Elisabeth McConnell,
carried Joseph for nine months.
They shared a heartbeat.
She birthed him.
She's been nursing him
- since the day he was born.
- Your Honor,
my wife and I wish
we had had all of
those experiences.
The pregnancy, the birth,
the months of sleepless
unconditional love.
But Samara and I didn't
even know we had a son
until last week.
And I'll be damned if
we're going to be enjoined
from missing any
more of his life.
Your Honor,
if can just finish what...
Mr. and Mrs. Walton,
do you have any other children?
No, Your Honor. No.
Roderick and I have tried
for years to conceive.
We've had 12 rounds
of in-vitro fertilization.
I've suffered miscarriage
after miscarriage.
It was soul crushing.
So when we discovered
that there was a baby
in this world
that is biologically Roderick's,
we knew that
we had to raise him.
And I need
to ask you this again:
You would not be willing
to entertain
a split custody arrangement?
No offense to the McConnells,
but they're complete
strangers to us.
This is my son.
And we have no desire to raise
him with complete strangers.
Since both sides are refusing
to entertain a resolution,
I'm forced to schedule
a custody hearing.
In addition, I'm going to
appoint a guardian ad litem
to investigate both
sets of parents.
That guardian, Michele Downey,
will then issue a recommendation
regarding what would be in
the best interest of the child.
For now, the McConnells
will retain custody...
...but I'm granting
Mr. Walton
temporary
court-monitored visitation
for one hour a day.
If it please the court,
my client is requesting, uh,
the first visitation be today.
Well, since Ms. Downey
is already on the premises,
I don't see why not.
Why didn't you fight harder
in there?
Visitation in-in five minutes?
How in God's name can I be
expected to hand my child over
to a s... complete stranger?
He needs to eat soon,
and he just doesn't take
a bottle from anyone.
Can we go back and appeal it?
In custody cases,
there is no jury.
It's all about the judge.
She has the final say.
She has the only say.
Trust me,
that judge is focusing
on each party's reasonableness
and willingness
to follow court orders.
It would just be a huge mistake
to use our capital
trying to appeal
the very first thing
the judge made a decision on.
We need to play
the long game here.
And you need to be
as cordial as possible
going into this visitation.
Don't even think
about trying to manipulate your
son into not liking Roderick.
Don't try
and squeeze him too tight
or cue him to be scared
in any way.
The guardian ad litem
is gonna be watching you
very closely,
and you don't want her to think
that you are trying to sway
your child emotionally.
I promise you,
they will hold that against you.
You have my word, you'll have
your baby back in an hour.
It's, uh, it's his feeding time,
so he might be a little fussy.
Hey.
Yeah.
It helps if you angle it.
Got it. Thank you.
Hey, Joseph.
Hey, it's me. Huh?
It's your daddy. Huh?
God.
Hey.
Hey.
Ms. Downey,
I understand you did
an extensive investigation
into both sets of parents.
I did, Your Honor.
And what can you tell me?
So the judge can ask questions?
Any time she wants.
Remember, there's no jury.
She's the whole ball of wax.
I feel I have a clear sense
of both the McConnells
and the Waltons.
I'll be honest,
this is a difficult situation.
I believe both couples
are good people
and would be fit parents,
but since both families
are fighting for sole custody,
it falls to me
to make an assessment
based on who's better
for the baby long-term.
And have you come
to a conclusion?
I have.
I have taken lots of factors
into consideration, Your Honor.
Uh, we use a combination of
criteria to make this decision.
The primary three are
the parents'
emotional stability,
the parents' physical ability
to raise the child,
and the parents'
employment history
and financial ability
to care for the child.
With regards to the
first two criteria,
the two families are clearly
both more than up to the task.
That leaves us
with the third criteria.
These are photos of the nursery
the Waltons have set up
in their home in anticipation
of Joseph's arrival.
And here are photos
of the McConnells'
one-bedroom apartment
and the current accommodations
they've set up for baby Joseph.
As you can see,
at the present time,
parents and child
share a single bedroom.
Uh, in and of itself, not at all
an unusual
or undesirable arrangement,
particularly
at Joseph's young age.
With regard
to the child's education,
the Walton family has already
secured Joseph a spot
at the prestigious
Hurstview Academy,
while at the present time,
the McConnells
have not yet explored
educational possibilities
for Joseph
outside the public school
options in their neighborhood.
Again, in and of itself,
not at all an unusual
or unexpected answer
given Joseph's young age.
Are we gonna be okay here?
- Any questions for the guardian?
- Yes, Your Honor.
Uh, Ms. Downey, I'm curious,
are you familiar with
the studies that have been done
on reactive attachment disorder?
Uh, studies that were conducted
to determine the effects
on an infant child
when it is ripped
from its primary caregivers
during its first year of life?
Yes. I am very aware
of those studies.
I'm also aware of studies
that demonstrate
that when an infant is placed
in a loving, stable home,
the likelihood
of the child experiencing
reactive attachment disorder
is slim to none.
This woman is not on our side.
But at the very least,
you would concede that it can be
a stressor on the child,
can it not?
I know that one of the biggest
stressors on a family
and a child is whether or not
the parents
are financially stable.
And the fact is the McConnells'
financial situation
over the past ten years
has been, well,
uncertain at best.
In fact, just two months ago,
they were over half
a million dollars in debt.
They had to borrow money
for diapers
and an antibiotic for the child.
It was only
their recent settlement
with the fertility clinic
that pulled them out
of their dire financial straits.
Be that as it may, Ms. Downey,
I hope you're not poised
to make judgement
based simply on the fact
that one family
has more money than the other.
Mr. Colón, let's not argue over
the guardian's judgment
until she renders one.
And with that in mind,
Ms. Downey,
are you prepared
to make a recommendation?
Honestly, I cannot say
either family is unfit.
But if forced
to make a recommendation
between the two,
I would recommend the Waltons.
It's okay.
We're not done.
It's not over.
Why are you seeking
full custody of your son?
My son is currently
a three-month-old baby.
But in the blink of an eye,
he'll be a six-year-old boy.
And one day, he'll be
a 16-year-old young black man.
And that young black man
is going to need someone
who knows how to guide him.
Someone to give him "the talk."
Someone who knows
how to show him
exactly what to do with his
hands when he gets pulled over.
Someone to bring him into the
police station and introduce him
to the local police
so they know his name.
Do the McConnells know
they need to do that?
Do they even know how
to do that?
I doubt it.
Objection.
Your Honor, this is
an unfair and misleading
characterization.
Mr. Walton, I need you
to stick to facts.
Yes, Your Honor.
The reality is
this child is going to have
a piece of his identity
that he wears.
All the time.
There's no hiding it.
And as much
as we'd like to believe
this world is color-blind, we
all know that just isn't true.
What is true is that this world
is a complicated place
for a biracial child,
a biracial teen.
A biracial man.
It's tough to find your way.
And Joseph is going to need
his biological father
to help him navigate.
He just is.
Do you have anything else
you want to share
with the court?
I would like
the court to know
that I was raised
by a strong, loving father.
As was my father before me.
And I'll be damned if I am
going to turn my back on my son
and perpetuate the stereotype
of the absentee black father.
I have no further questions
for this witness.
Good morning, Mr. Walton.
Now, yesterday
we heard all about
your impressive success
in the business world,
your considerable
financial resources.
But that must come at a cost,
does it not?
I suppose everything
comes at a cost.
How many hours a week
would you estimate
that you and your wife work?
If I had to put a number on it,
I'd say probably 60 hours.
- Each?
- Yes.
Again, that's an approximation.
A lot of that work happens at
home on laptops and telephones.
Mm. And do you work
on the weekends?
Sometimes.
Your Honor, I can assure you,
that will change
once we have custody of our son.
Mm. Will it, though?
Isn't it true
that you've already begun
interviewing nannies?
Night nurses?
Weekend nannies?
Just because my wife
and I work long hours,
that doesn't mean we aren't
going to be hands-on parents.
That's how my parents raised me,
and I was all the better for it.
I learned the value
of a strong work ethic.
The value of a job well done.
Maybe so,
but... it's feeling like
you're preparing
to outsource your parenting,
when this child already has two
wonderful, loving, hands-on,
full-time parents.
Miles and Elisabeth McConnell.
Two parents who don't understand
the first thing
about raising a black child.
Might I point out,
Mr. Walton,
that white parents
successfully raise black
and biracial children
all the time.
That's your opinion, sir.
I have no further questions,
Your Honor.
What do you think?
Reading a judge isn't the same
as reading a jury,
but, while Mr. Walton
was a compelling witness,
I think he did himself
as much harm as good.
They rested their case.
It's our turn now.
You still want to stick
with the plan?
Call Elisabeth as
our first witness?
No.
I think we need
to remind the judge
that this baby
already has a father.
Those first moments
in the delivery room,
when you realized
you probably didn't
share DNA with your son,
how did you respond?
I was shocked.
I was surprised.
When I was holding Joseph,
and the way
he was looking at me,
his helplessness...
at that point, I stopped
thinking about DNA,
biology, all that.
I just thought,
"I'm gonna make the best life
"I possibly can for you,
because I'm your father,
and you're my child."
I know it's
a hokey expression,
but I really do believe
God doesn't throw you
more than you can handle.
So you went about doing that?
Making the best life
for your son?
I'm sure trying.
He's got colic, you know,
so we're up a lot of nights.
But no matter how tired I get,
once he finally finds
his way to sleep,
I stay up a little while
longer and just watch
and smile.
Because he's mine.
I don't know.
It's, uh...
It's the way he looks at me
first thing in the morning.
Yeah, it's...
He knows who I am.
It's got nothing to do with DNA.
He knows he can count on me.
He knows I'm Dad.
Nothing further, Your Honor.
He was a good witness,
wasn't he?
So far.
Mr. McConnell,
can you tell the court
where you were last Tuesday
at 4:00 p.m.?
You know where this is going?
It's nothing.
I had an appointment.
Would you tell the court
what kind of appointment?
A doctor's appointment.
What kind of doctor,
Mr. McConnell?
Objection, Your Honor.
Counselor's badgering
the witness.
Your Honor, there's a point
to this line of questioning,
if the court would just afford
me a little more latitude.
Objection overruled.
The witness will answer
the question.
A therapist.
A behavioral therapist.
A psychologist.
They must have hired a private
detective to follow him.
Are you sure there's
nothing I need to know?
- No. It's all good.
- And may I ask
how long you've been
seeing this therapist?
Almost four years.
And can you tell the court
what compelled you
to seek the services
of a therapist?
Your Honor, counsel is on
a fishing expedition here.
A, we were unaware of any effort
on the plaintiff's part
to request my client's
private psychiatric records;
and, B, seeking the services
of a licensed therapist
is something millions of people,
many of them parents,
do day in and day out.
Counselor,
I need you to ask a question
that ties
Mr. McConnell's therapy
to the questions
at hand here today,
or change your line
of questioning.
Of course, Your Honor.
I-I understand, Your Honor.
Uh, but I do have
one last question
that might make it apparent
why I'm going down this road.
Mr. McConnell,
isn't it true that
the therapist
you're working with is one
that specializes in issues
involving anger management
and temper control?
Yes.
Now I'm curious.
Is this an issue for you
in your life?
Your Honor, I sought treatment
when we started trying
to have a baby.
May I ask why?
Growing up, my house
wasn't always...
I don't know... my father
could be great some days.
Sometimes his temper
got the best of him.
And are we talking
about verbal abuse?
Yelling, screaming,
abusive language?
Not just that.
So, physical abuse.
Sometimes, yeah.
Towards you?
Your mother, your siblings?
Everyone in the house.
So I wanted to talk to someone
so I could be better
for my children.
I didn't want the cycle
to continue.
And did you have a reason
to think that it might?
I guess I-I just didn't want
the cycle to continue.
I'd never been a father before.
I didn't know what to expect.
- I wanted to get ahead of it.
- Your Honor,
the fact that Mr. McConnell
was proactive
out of an abundance
of caution means that
he is a thoughtful, careful
and concerned father,
not a dangerous one.
I'm inclined to agree.
Are we through with
this subject? Not quite.
Mr. McConnell, have you ever
broken anything in anger?
Sure. I suppose.
Who hasn't?
Have you ever
yelled at a colleague,
- a neighbor, family member?
- Objection.
Your Honor, counsel has
her fishing pole back out,
in addition to
badgering the witness.
Let's get to the point.
Have you ever been asked
to leave a bar
because you got in a fight?
Mr. McConnell?
Once.
A long time ago,
when I was in college.
Ever punch a hole in a wall?
Your Honor, objection.
What Mr. McConnell did
or did not do in college
has little to do
with his ability to parent.
If we were all judged
by what we did... Overruled, Mr. Colón.
Mr. McConnell,
please answer the question.
Mr. McConnell,
I'm waiting for an answer.
Have you ever punched
a hole in a wall?
I was 16.
I'm a different person now.
I have worked on myself
so I am not the
father that I had.
I-I have worked on myself so
that this is never an issue.
And are we just supposed
to take your word for that?
There's an infant's well-being
at stake here.
You admit that you grew up
in an abusive household.
You admit you're worried
about continuing
the cycle of abuse.
Shouldn't we be worried, too?
Your Honor,
is this really someone we should
be awarding custody to?
Good morning.
Can I get you anything?
My baby.
Look, uh, I know this is
a pretty difficult time.
What are you hearing?
It's not looking good, is it? Okay.
We need to get
a few things straight.
Okay?
Testifying in a court of law,
testifying like
you're gonna do tomorrow...
it's a lot like
riding a bike on a winding road.
You keep looking back,
you're destined to falter.
We need you
looking forward,
eyes on where we're going
and what we want.
Divorce papers.
Elisabeth,
you filed for divorce?
Y-Yeah, a while ago.
Why wouldn't you tell us
something like this?
Why wouldn't you
tell mesomething like this?
How'd you find out?
It's a matter of public record.
Really? Wow.
I-I mean, it's not like
I went through with it.
I pulled those forms less than
an hour after I filed them.
Miles doesn't even know.
I-I was going through
a crazy time, emotionally.
D-Do you think
the other side knows?
If the other side found out
about your husband
seeing a therapist,
then they definitely
know about this.
We need to talk to Bull
and Benny so that we can
all figure out how we're
gonna get ahead of this.
And before any of that happens,
you need to tell your husband;
you need to tell Miles.
This is not something
you want him to hear about
for the first time in court.
I've always wanted
to be a mother, and Miles has
always wanted to be a father.
It's just always been
part of the plan.
That's why we never gave up.
Even after all
the disappointments.
And then suddenly it takes,
and I'm pregnant again.
Two months, three months,
and I'm-I'm still carrying him.
Ultrasounds and
listening to heartbeats,
and I'm-I'm still carrying him.
Seven months, eight months,
and-and they keep telling me
that he's healthy,
that-that I'm healthy.
And I-I keep waiting for a pain,
for something to go wrong
in the middle of the night,
but... but it doesn't.
And then
they wheel me into
that delivery room,
and I realize...
I'm about to give birth.
Oh, my God.
And he's perfect.
Better than perfect.
And he's ours.
Mrs. McConnell,
did you file divorce papers
a year ago?
I sure did.
Filed in one Tuesday afternoon
at 2:00, asked if
I could have them back
so I could rip them up
a little before 3:00.
Sounds a little irrational.
"Little" is kind.
IVF, you know.
I'd been taking hormones on
and off for years at that point.
I-I wasn't myself.
Things had become
tense and stressful at home.
We were going broke
trying to get pregnant.
I actually began to wonder
if maybe Miles
would be better off
with someone else.
Someone who could
give him children.
Thank you.
No further questions,
Your Honor.
These divorce papers...
how long ago
did you say they were filed?
About a year ago,
maybe 13 months now.
You know, it sounds like,
uh, you filed them
just before you found out
you were pregnant.
Yes. It all seemed
to happen at once.
Also sounds like maybe
you withdrew the papers
when you found out
you were pregnant.
No. Like I said, I withdrew them
not even an hour
after I filed them.
Do you remember the date?
I do. I'll bet you do.
Because according
to your medical records,
it was the exact same date
the clinic called
to tell you your test
was positive, you were pregnant.
Yeah... Well, I mean,
yes, but that was
purely coincidence.
I mean, I-I withdrew them first,
same day I filed them,
like I said, and then when
I got home that evening,
the clinic called with the news.
And are you sure
that was the order of events?
Definitely. So it's not as if
you found out you were pregnant
and thought the baby
would save your marriage?
Objection, Your Honor.
Asked and answered.
Objection sustained.
Ask another question,
Ms. Taylor.
Mrs. McConnell, are you sure
you're not fighting
for this baby because
you fear your marriage
won't survive without him?
I'm fighting for my baby
because I love him,
because Ican't survive
without him.
Thank you for your honesty.
But this hearing
is about the baby's well-being,
not yours.
I have no further questions,
Your Honor.
Yeah?
Bull, are you awake? It's Danny.
Um... what's going on?
Okay, well,
you can't ask me
how I got a hold of them,
which means you can't use
what I'm about to tell you
as evidence, but I was able
to get a peek
at the Waltons'
medical records, both his
and hers. Yeah?
And Samara...
Samara had ovarian cancer
last year.
It's in remission now,
but obviously it could
come back at any time.
Bull?
Yeah?
One other thing.
As a result of her illness,
she has no eggs,
and it would be impossible
for her to get pregnant, ever.
Ah, Mrs. McConnell.
Mr. McConnell.
Uh, if you would sit here.
Thank you all for coming.
I received a phone call
last night
about Mrs. Walton's
medical history.
And while she is in fine health
at the moment,
18 months ago,
things were far more dire.
Again,
she has a clean bill
of health today,
but the often fatal disease
she rallied against
often recurs.
Now, I could subpoena
her medical history,
get her doctors on the stand,
get medical professionals
to talk about
the possibility
of this disease recurring,
but I don't want to do that.
Truth is, even with all that,
this case could go either way,
and the judge,
whatever decision she makes...
...at least one family
is going to be heartbroken.
So...
I'd like to propose
a different solution.
We know the combination
of Roderick's sperm
and Elisabeth's egg created
a beautiful, healthy baby boy.
Let's just do it again.
You can't be serious.
Oh, yes, I am.
Samara,
your disease left you with
no eggs to fertilize, right?
So if Elisabeth
was to donate an egg...
Wait, wait, wait, wait.
This is not why we're here.
This is not what we came for.
Hold on.
You want me to donate one
of my eggs to the Waltons?
I'm suggesting a way
that might give everyone
what they want.
But why would I ever agree
to have a child of mine
out in the world without me
being able to raise him or her?
Exactly why we're here.
That's the way we feel
about Joseph.
And what if
you didn't shut each other out
of either child's life?
Each family raises a child
of their own, and
that child would know
that there were other
people out there
who loved him or her.
Better than a grandparent,
another parent, and a brother
or sister who, otherwise,
wouldn't be there.
Now, I am not naive.
I know that this is not gonna be
easy, but the upside...
...the upside
is so damn high up there...
...it's almost unimaginable.
Now, look, if this hearing
has proven anything, it's that
none of you are perfect.
But you are all
loving, caring, good people,
and you all want
what's best for Joseph.
So why couldn't that be the love
of four imperfect people?
And a sibling to go through
the journey of life with?
Your Honor,
before you render a decision,
my client would
very much like
to address the court.
If the Waltons
have no objection?
We do not, Your Honor.
Mrs. McConnell?
Your Honor.
Um, before you render
a decision,
I think we've all collectively
come to a realization.
I-I know I have.
I can finally see
why the Waltons
felt the need
to file for custody.
It's clear to me... clear to us...
that they're doing
what they're doing
out of enormous love for Joseph.
I don't know
how to ask someone...
order someone
to stop loving a child
who's at least partially theirs.
I'm not sure I know
where we're going.
What I'm proposing...
uh, what we're all proposing...
and, uh, really
it's Dr. Bull's idea...
is that, in-in return
for the Waltons withdrawing
their custody suit,
I'm prepared to donate
one of my eggs
so that Roderick and Samara
might have a child of their own.
Wow.
Are you on board with this?
We are, Your Honor.
We think it's
a very kind, generous...
incredible offer.
In addition, we would work out
a visitation agreement,
so Joseph could know
all four of his parents.
And likewise,
should the Waltons have a child
that Elisabeth helped conceive,
we pledge to work out a similar
agreement for that child.
Samara and I have agreed
to provide child
support as well.
We want Joseph to always know
we'll be there for him
in any way he needs.
Just to be clear,
does this mean
you're withdrawing
your petition for custody?
Yes, Your Honor.
♪
Counselor,
looks like we've got a
few things to figure out.
We certainly do.
I'll give you a call
in the morning. That'd be terrific.
And, uh, that reminds me,
we need to set up a time and a
place for tomorrow's visitation.
Oh, I don't know,
maybe the four of us
could work out the
details over dinner?
Excuse me?
Would you guys like to join us
and Joseph for some dinner?
We'd love to.
Taylor?
Oh, I don't know.
Seems to me like
a dinner for new friends.
I'll get you next time.
Shall we?
What do you think?
Did we do a good thing?
I hope so.
Did we do the right thing?
I think so.
Did we do the best we could?
Yeah, we did the best we could.
Now we just have to wait
20 or so years
to find out what Joseph thinks.
Captioning sponsored by CBS
Hey.
♪ How much you love me...
It's slippery. Watch your step.
You're good. I got you.
I got you. All right. Okay, okay.
Everything's in the bag?
Yeah. Got it all. Got it all.
- Are you sure?
- Yep.
Oh, my God. Oh, my God.
Oh, my God.
All right, there you go.
We're close.
You're good.
All right.
You're almost there.
I can see the baby's head.
- I can't do this anymore.
- Yes, you can.
- You've got this, babe.
- No, I don't!
- Yes, you do.
- No.
Just listen to the doctor.
We're almost done.
Elisabeth.
Concentrate.
With the next contraction,
I need you to push
with all your might.
You do that,
and then you get
to meet your baby.
That's what you said
the last time. Okay.
Here we go.
It's a boy.
What's wrong?
Is something wrong?
Something wrong with the baby?
No, no.
He's perfectly healthy.
Okay.
Oh, baby.
Miles, you're not,
you're not saying anything.
Why... why aren't you
saying anything?
Uh, he's beautiful.
It's just he's brown.
What?
Oh, my God, Elisabeth,
he is so adorable.
He is, isn't he?
How's Miles holding up?
Miles is having a tough time.
I mean, he loves him.
But he's...
It's been difficult
with his family.
The guys at work.
You probably noticed
we didn't put Joseph's picture
on the birth announcement.
We didn't even talk about it.
I just showed him a card
without a picture, and he went,
"Yeah, that's great."
Sorry.
I brought him to school,
showed him to
my second graders last week.
What an age.
Yeah, nobody asks questions,
nobody judges.
They just want to know
if he can have candy yet.
Yes, you.
Oh.
Yes, you.
Oh, my love.
Thanks so much for coming.
I know I sort of
fell off the face of the Earth
there for a while.
No, I was thrilled
when you called.
I was thrilled
when you said yes.
But... I have
an ulterior motive.
Okay.
You've probably figured
this out already,
but little Joseph here,
he didn't happen
without some help.
I know you know Miles and I
were trying for years;
finally started doing
the fertility clinic thing.
Lots of almosts, couple
of outright failures, too.
And of course, one fantastic,
thrilling success.
Unfortunately, in the process
of arriving at that success,
the clinic,
apparently, mistakenly,
used another patient's sperm.
I-I called because I remembered
you work at a law firm now.
Well, actually,
it's a trial science firm.
But there are lawyers
there, right?
Yes. There are lawyers.
Good. 'Cause I need one.
I just want to be clear.
I love my son.
I thank God every
day for my son.
And we are both incredibly
grateful for this gift.
Duly noted.
So... what is it you want
to achieve by suing the clinic?
Well, first and foremost,
we want to make sure
this doesn't happen
to anyone else.
I mean... our son
has a stranger's DNA.
We-we really feel like
we're in a blind spot
regarding so many things:
I mean, medical history,
intellectual aptitudes,
social challenges.
We're not wealthy people.
I work in construction,
my wife's a second
grade teacher.
All right, for six years,
we poured every cent we had
in trying to get pregnant.
Took out loans.
We're in debt
up to our eyeballs.
And we did it all so we
could have a child together.
T-Together.
You know what I mean.
So,
in addition to putting
the clinic on notice
so it cleans up its act
and doesn't make
this kind of mistake again,
you also want to recover
some of the costs
associated with your treatments,
because, while you are thrilled
to have baby Joseph,
it was not the outcome
you were promised.
Exactly.
I have to warn you
that reproductive negligence
cases can be very tricky.
Juries have a hard time
ruling in the plaintiff's favor
when they've walked away
with a healthy baby.
Well, let's not
get ahead of ourselves.
I don't know that this is
necessarily ever gonna see
the inside of a courtroom.
Let me call the clinic
on your behalf,
see if we can't get
their lawyers over here
and... figure this out
the old-fashioned way:
across a table,
with lots of coffee
and some bathroom breaks.
You keep wanting to look past
the fact that my clients
have clear evidence.
I'm not looking past anything.
The clinic has already
admitted fault here.
They've tightened up
their practices and added
new security safeguards.
They've sent letters
to all of their clients
informing them of this incident.
And now they're offering
free DNA testing
to any new parents who worry
that they may also be
victims of this mishap.
Which is all well and good
for the clinic,
but we're here to try
and help the McConnells.
Of course.
And after much consideration
and conversation,
the clinic would like
to offer the McConnells
their sincerest apology
and a check for $40,000
as reimbursement
for the round of IVF
that didn't follow protocol.
I'm sorry, but that
number doesn't even begin
to take into account that
this "round of IVF"
that did not follow protocol
resulted in a child
that does not share
Miles McConnell's DNA,
and could be prone to a host
of genetic anomalies
that my clients
are not prepared for,
an outcome for which
they paid over $400,000.
Or we could just go to court.
But let's be honest.
We all know the clinic
doesn't want this to become
an ugly public trial.
Win, lose or draw,
it's gonna irreparably tarnish
their reputation.
And most likely,
kill their business.
Give me a number.
I would say reimbursing
the McConnells
their entire $400,000
and adding another 400,000
for pain and suffering
would be a fair number,
wouldn't you?
I'm not authorized
to go above 400,000.
Well, then, we have a problem,
because I'm not authorized
to accept less than a million.
Wait a second.
You just said 800,000.
Yes. That was
two minutes ago.
And now I said a million.
And in another two minutes,
I'm gonna say a million five.
Are you sensing
the pattern here?
Let me make a call.
You make a call.
Uh, f-four hundred thousand
would honestly plenty.
That doesn't even get you out
of the financial hole you're in.
B-But it helps. I mean,
we should just take it.
Yeah.
Benny, would you explain
to our clients
how the game is played?
Mm. You know
the only thing better
than a six-figure settlement?
A million dollars.
I... I don't think
my brain can count that high.
Taylor, thank you.
And thank you both.
It's our pleasure.
Oh, any friends of Taylor's
are friends of ours.
Are you Miles?
Miles McConnell?
Yeah, maybe.
Who's asking?
You've been served.
What is it?
Mind if I take a look at it?
It's a paternity petition
from a man named
Roderick Walton.
Okay, what does this mean?
It means he believes
he's your son's
biological father,
and he's suing you for custody.
All rise.
In the matter of
Walton v. McConnell,
in light of the recent
paternity test,
there can be no doubt
that Mr. Roderick Walton
is indeed the biological father
of Joseph Patrick McConnell.
Therefore,
Mr. Walton does have
a legal claim to the child.
I have to say
I have never encountered
a situation like this before.
Under the circumstances,
it would be my strenuous
recommendation that both parties
and their counsel meet with me
in chambers to discuss
a joint custody resolution.
Your Honor, just to be clear,
as the only parents
this child has ever known,
the McConnells believe
it is their right and duty
to retain sole custody.
Your Honor, also in
the interest of clarity,
my clients believe
it is their right
and their duty to demand
full custody as well.
I beg your pardon, but
I gave birth to this baby.
Benny's got this. It's okay.
Your Honor, my client,
Elisabeth McConnell,
carried Joseph for nine months.
They shared a heartbeat.
She birthed him.
She's been nursing him
- since the day he was born.
- Your Honor,
my wife and I wish
we had had all of
those experiences.
The pregnancy, the birth,
the months of sleepless
unconditional love.
But Samara and I didn't
even know we had a son
until last week.
And I'll be damned if
we're going to be enjoined
from missing any
more of his life.
Your Honor,
if can just finish what...
Mr. and Mrs. Walton,
do you have any other children?
No, Your Honor. No.
Roderick and I have tried
for years to conceive.
We've had 12 rounds
of in-vitro fertilization.
I've suffered miscarriage
after miscarriage.
It was soul crushing.
So when we discovered
that there was a baby
in this world
that is biologically Roderick's,
we knew that
we had to raise him.
And I need
to ask you this again:
You would not be willing
to entertain
a split custody arrangement?
No offense to the McConnells,
but they're complete
strangers to us.
This is my son.
And we have no desire to raise
him with complete strangers.
Since both sides are refusing
to entertain a resolution,
I'm forced to schedule
a custody hearing.
In addition, I'm going to
appoint a guardian ad litem
to investigate both
sets of parents.
That guardian, Michele Downey,
will then issue a recommendation
regarding what would be in
the best interest of the child.
For now, the McConnells
will retain custody...
...but I'm granting
Mr. Walton
temporary
court-monitored visitation
for one hour a day.
If it please the court,
my client is requesting, uh,
the first visitation be today.
Well, since Ms. Downey
is already on the premises,
I don't see why not.
Why didn't you fight harder
in there?
Visitation in-in five minutes?
How in God's name can I be
expected to hand my child over
to a s... complete stranger?
He needs to eat soon,
and he just doesn't take
a bottle from anyone.
Can we go back and appeal it?
In custody cases,
there is no jury.
It's all about the judge.
She has the final say.
She has the only say.
Trust me,
that judge is focusing
on each party's reasonableness
and willingness
to follow court orders.
It would just be a huge mistake
to use our capital
trying to appeal
the very first thing
the judge made a decision on.
We need to play
the long game here.
And you need to be
as cordial as possible
going into this visitation.
Don't even think
about trying to manipulate your
son into not liking Roderick.
Don't try
and squeeze him too tight
or cue him to be scared
in any way.
The guardian ad litem
is gonna be watching you
very closely,
and you don't want her to think
that you are trying to sway
your child emotionally.
I promise you,
they will hold that against you.
You have my word, you'll have
your baby back in an hour.
It's, uh, it's his feeding time,
so he might be a little fussy.
Hey.
Yeah.
It helps if you angle it.
Got it. Thank you.
Hey, Joseph.
Hey, it's me. Huh?
It's your daddy. Huh?
God.
Hey.
Hey.
Ms. Downey,
I understand you did
an extensive investigation
into both sets of parents.
I did, Your Honor.
And what can you tell me?
So the judge can ask questions?
Any time she wants.
Remember, there's no jury.
She's the whole ball of wax.
I feel I have a clear sense
of both the McConnells
and the Waltons.
I'll be honest,
this is a difficult situation.
I believe both couples
are good people
and would be fit parents,
but since both families
are fighting for sole custody,
it falls to me
to make an assessment
based on who's better
for the baby long-term.
And have you come
to a conclusion?
I have.
I have taken lots of factors
into consideration, Your Honor.
Uh, we use a combination of
criteria to make this decision.
The primary three are
the parents'
emotional stability,
the parents' physical ability
to raise the child,
and the parents'
employment history
and financial ability
to care for the child.
With regards to the
first two criteria,
the two families are clearly
both more than up to the task.
That leaves us
with the third criteria.
These are photos of the nursery
the Waltons have set up
in their home in anticipation
of Joseph's arrival.
And here are photos
of the McConnells'
one-bedroom apartment
and the current accommodations
they've set up for baby Joseph.
As you can see,
at the present time,
parents and child
share a single bedroom.
Uh, in and of itself, not at all
an unusual
or undesirable arrangement,
particularly
at Joseph's young age.
With regard
to the child's education,
the Walton family has already
secured Joseph a spot
at the prestigious
Hurstview Academy,
while at the present time,
the McConnells
have not yet explored
educational possibilities
for Joseph
outside the public school
options in their neighborhood.
Again, in and of itself,
not at all an unusual
or unexpected answer
given Joseph's young age.
Are we gonna be okay here?
- Any questions for the guardian?
- Yes, Your Honor.
Uh, Ms. Downey, I'm curious,
are you familiar with
the studies that have been done
on reactive attachment disorder?
Uh, studies that were conducted
to determine the effects
on an infant child
when it is ripped
from its primary caregivers
during its first year of life?
Yes. I am very aware
of those studies.
I'm also aware of studies
that demonstrate
that when an infant is placed
in a loving, stable home,
the likelihood
of the child experiencing
reactive attachment disorder
is slim to none.
This woman is not on our side.
But at the very least,
you would concede that it can be
a stressor on the child,
can it not?
I know that one of the biggest
stressors on a family
and a child is whether or not
the parents
are financially stable.
And the fact is the McConnells'
financial situation
over the past ten years
has been, well,
uncertain at best.
In fact, just two months ago,
they were over half
a million dollars in debt.
They had to borrow money
for diapers
and an antibiotic for the child.
It was only
their recent settlement
with the fertility clinic
that pulled them out
of their dire financial straits.
Be that as it may, Ms. Downey,
I hope you're not poised
to make judgement
based simply on the fact
that one family
has more money than the other.
Mr. Colón, let's not argue over
the guardian's judgment
until she renders one.
And with that in mind,
Ms. Downey,
are you prepared
to make a recommendation?
Honestly, I cannot say
either family is unfit.
But if forced
to make a recommendation
between the two,
I would recommend the Waltons.
It's okay.
We're not done.
It's not over.
Why are you seeking
full custody of your son?
My son is currently
a three-month-old baby.
But in the blink of an eye,
he'll be a six-year-old boy.
And one day, he'll be
a 16-year-old young black man.
And that young black man
is going to need someone
who knows how to guide him.
Someone to give him "the talk."
Someone who knows
how to show him
exactly what to do with his
hands when he gets pulled over.
Someone to bring him into the
police station and introduce him
to the local police
so they know his name.
Do the McConnells know
they need to do that?
Do they even know how
to do that?
I doubt it.
Objection.
Your Honor, this is
an unfair and misleading
characterization.
Mr. Walton, I need you
to stick to facts.
Yes, Your Honor.
The reality is
this child is going to have
a piece of his identity
that he wears.
All the time.
There's no hiding it.
And as much
as we'd like to believe
this world is color-blind, we
all know that just isn't true.
What is true is that this world
is a complicated place
for a biracial child,
a biracial teen.
A biracial man.
It's tough to find your way.
And Joseph is going to need
his biological father
to help him navigate.
He just is.
Do you have anything else
you want to share
with the court?
I would like
the court to know
that I was raised
by a strong, loving father.
As was my father before me.
And I'll be damned if I am
going to turn my back on my son
and perpetuate the stereotype
of the absentee black father.
I have no further questions
for this witness.
Good morning, Mr. Walton.
Now, yesterday
we heard all about
your impressive success
in the business world,
your considerable
financial resources.
But that must come at a cost,
does it not?
I suppose everything
comes at a cost.
How many hours a week
would you estimate
that you and your wife work?
If I had to put a number on it,
I'd say probably 60 hours.
- Each?
- Yes.
Again, that's an approximation.
A lot of that work happens at
home on laptops and telephones.
Mm. And do you work
on the weekends?
Sometimes.
Your Honor, I can assure you,
that will change
once we have custody of our son.
Mm. Will it, though?
Isn't it true
that you've already begun
interviewing nannies?
Night nurses?
Weekend nannies?
Just because my wife
and I work long hours,
that doesn't mean we aren't
going to be hands-on parents.
That's how my parents raised me,
and I was all the better for it.
I learned the value
of a strong work ethic.
The value of a job well done.
Maybe so,
but... it's feeling like
you're preparing
to outsource your parenting,
when this child already has two
wonderful, loving, hands-on,
full-time parents.
Miles and Elisabeth McConnell.
Two parents who don't understand
the first thing
about raising a black child.
Might I point out,
Mr. Walton,
that white parents
successfully raise black
and biracial children
all the time.
That's your opinion, sir.
I have no further questions,
Your Honor.
What do you think?
Reading a judge isn't the same
as reading a jury,
but, while Mr. Walton
was a compelling witness,
I think he did himself
as much harm as good.
They rested their case.
It's our turn now.
You still want to stick
with the plan?
Call Elisabeth as
our first witness?
No.
I think we need
to remind the judge
that this baby
already has a father.
Those first moments
in the delivery room,
when you realized
you probably didn't
share DNA with your son,
how did you respond?
I was shocked.
I was surprised.
When I was holding Joseph,
and the way
he was looking at me,
his helplessness...
at that point, I stopped
thinking about DNA,
biology, all that.
I just thought,
"I'm gonna make the best life
"I possibly can for you,
because I'm your father,
and you're my child."
I know it's
a hokey expression,
but I really do believe
God doesn't throw you
more than you can handle.
So you went about doing that?
Making the best life
for your son?
I'm sure trying.
He's got colic, you know,
so we're up a lot of nights.
But no matter how tired I get,
once he finally finds
his way to sleep,
I stay up a little while
longer and just watch
and smile.
Because he's mine.
I don't know.
It's, uh...
It's the way he looks at me
first thing in the morning.
Yeah, it's...
He knows who I am.
It's got nothing to do with DNA.
He knows he can count on me.
He knows I'm Dad.
Nothing further, Your Honor.
He was a good witness,
wasn't he?
So far.
Mr. McConnell,
can you tell the court
where you were last Tuesday
at 4:00 p.m.?
You know where this is going?
It's nothing.
I had an appointment.
Would you tell the court
what kind of appointment?
A doctor's appointment.
What kind of doctor,
Mr. McConnell?
Objection, Your Honor.
Counselor's badgering
the witness.
Your Honor, there's a point
to this line of questioning,
if the court would just afford
me a little more latitude.
Objection overruled.
The witness will answer
the question.
A therapist.
A behavioral therapist.
A psychologist.
They must have hired a private
detective to follow him.
Are you sure there's
nothing I need to know?
- No. It's all good.
- And may I ask
how long you've been
seeing this therapist?
Almost four years.
And can you tell the court
what compelled you
to seek the services
of a therapist?
Your Honor, counsel is on
a fishing expedition here.
A, we were unaware of any effort
on the plaintiff's part
to request my client's
private psychiatric records;
and, B, seeking the services
of a licensed therapist
is something millions of people,
many of them parents,
do day in and day out.
Counselor,
I need you to ask a question
that ties
Mr. McConnell's therapy
to the questions
at hand here today,
or change your line
of questioning.
Of course, Your Honor.
I-I understand, Your Honor.
Uh, but I do have
one last question
that might make it apparent
why I'm going down this road.
Mr. McConnell,
isn't it true that
the therapist
you're working with is one
that specializes in issues
involving anger management
and temper control?
Yes.
Now I'm curious.
Is this an issue for you
in your life?
Your Honor, I sought treatment
when we started trying
to have a baby.
May I ask why?
Growing up, my house
wasn't always...
I don't know... my father
could be great some days.
Sometimes his temper
got the best of him.
And are we talking
about verbal abuse?
Yelling, screaming,
abusive language?
Not just that.
So, physical abuse.
Sometimes, yeah.
Towards you?
Your mother, your siblings?
Everyone in the house.
So I wanted to talk to someone
so I could be better
for my children.
I didn't want the cycle
to continue.
And did you have a reason
to think that it might?
I guess I-I just didn't want
the cycle to continue.
I'd never been a father before.
I didn't know what to expect.
- I wanted to get ahead of it.
- Your Honor,
the fact that Mr. McConnell
was proactive
out of an abundance
of caution means that
he is a thoughtful, careful
and concerned father,
not a dangerous one.
I'm inclined to agree.
Are we through with
this subject? Not quite.
Mr. McConnell, have you ever
broken anything in anger?
Sure. I suppose.
Who hasn't?
Have you ever
yelled at a colleague,
- a neighbor, family member?
- Objection.
Your Honor, counsel has
her fishing pole back out,
in addition to
badgering the witness.
Let's get to the point.
Have you ever been asked
to leave a bar
because you got in a fight?
Mr. McConnell?
Once.
A long time ago,
when I was in college.
Ever punch a hole in a wall?
Your Honor, objection.
What Mr. McConnell did
or did not do in college
has little to do
with his ability to parent.
If we were all judged
by what we did... Overruled, Mr. Colón.
Mr. McConnell,
please answer the question.
Mr. McConnell,
I'm waiting for an answer.
Have you ever punched
a hole in a wall?
I was 16.
I'm a different person now.
I have worked on myself
so I am not the
father that I had.
I-I have worked on myself so
that this is never an issue.
And are we just supposed
to take your word for that?
There's an infant's well-being
at stake here.
You admit that you grew up
in an abusive household.
You admit you're worried
about continuing
the cycle of abuse.
Shouldn't we be worried, too?
Your Honor,
is this really someone we should
be awarding custody to?
Good morning.
Can I get you anything?
My baby.
Look, uh, I know this is
a pretty difficult time.
What are you hearing?
It's not looking good, is it? Okay.
We need to get
a few things straight.
Okay?
Testifying in a court of law,
testifying like
you're gonna do tomorrow...
it's a lot like
riding a bike on a winding road.
You keep looking back,
you're destined to falter.
We need you
looking forward,
eyes on where we're going
and what we want.
Divorce papers.
Elisabeth,
you filed for divorce?
Y-Yeah, a while ago.
Why wouldn't you tell us
something like this?
Why wouldn't you
tell mesomething like this?
How'd you find out?
It's a matter of public record.
Really? Wow.
I-I mean, it's not like
I went through with it.
I pulled those forms less than
an hour after I filed them.
Miles doesn't even know.
I-I was going through
a crazy time, emotionally.
D-Do you think
the other side knows?
If the other side found out
about your husband
seeing a therapist,
then they definitely
know about this.
We need to talk to Bull
and Benny so that we can
all figure out how we're
gonna get ahead of this.
And before any of that happens,
you need to tell your husband;
you need to tell Miles.
This is not something
you want him to hear about
for the first time in court.
I've always wanted
to be a mother, and Miles has
always wanted to be a father.
It's just always been
part of the plan.
That's why we never gave up.
Even after all
the disappointments.
And then suddenly it takes,
and I'm pregnant again.
Two months, three months,
and I'm-I'm still carrying him.
Ultrasounds and
listening to heartbeats,
and I'm-I'm still carrying him.
Seven months, eight months,
and-and they keep telling me
that he's healthy,
that-that I'm healthy.
And I-I keep waiting for a pain,
for something to go wrong
in the middle of the night,
but... but it doesn't.
And then
they wheel me into
that delivery room,
and I realize...
I'm about to give birth.
Oh, my God.
And he's perfect.
Better than perfect.
And he's ours.
Mrs. McConnell,
did you file divorce papers
a year ago?
I sure did.
Filed in one Tuesday afternoon
at 2:00, asked if
I could have them back
so I could rip them up
a little before 3:00.
Sounds a little irrational.
"Little" is kind.
IVF, you know.
I'd been taking hormones on
and off for years at that point.
I-I wasn't myself.
Things had become
tense and stressful at home.
We were going broke
trying to get pregnant.
I actually began to wonder
if maybe Miles
would be better off
with someone else.
Someone who could
give him children.
Thank you.
No further questions,
Your Honor.
These divorce papers...
how long ago
did you say they were filed?
About a year ago,
maybe 13 months now.
You know, it sounds like,
uh, you filed them
just before you found out
you were pregnant.
Yes. It all seemed
to happen at once.
Also sounds like maybe
you withdrew the papers
when you found out
you were pregnant.
No. Like I said, I withdrew them
not even an hour
after I filed them.
Do you remember the date?
I do. I'll bet you do.
Because according
to your medical records,
it was the exact same date
the clinic called
to tell you your test
was positive, you were pregnant.
Yeah... Well, I mean,
yes, but that was
purely coincidence.
I mean, I-I withdrew them first,
same day I filed them,
like I said, and then when
I got home that evening,
the clinic called with the news.
And are you sure
that was the order of events?
Definitely. So it's not as if
you found out you were pregnant
and thought the baby
would save your marriage?
Objection, Your Honor.
Asked and answered.
Objection sustained.
Ask another question,
Ms. Taylor.
Mrs. McConnell, are you sure
you're not fighting
for this baby because
you fear your marriage
won't survive without him?
I'm fighting for my baby
because I love him,
because Ican't survive
without him.
Thank you for your honesty.
But this hearing
is about the baby's well-being,
not yours.
I have no further questions,
Your Honor.
Yeah?
Bull, are you awake? It's Danny.
Um... what's going on?
Okay, well,
you can't ask me
how I got a hold of them,
which means you can't use
what I'm about to tell you
as evidence, but I was able
to get a peek
at the Waltons'
medical records, both his
and hers. Yeah?
And Samara...
Samara had ovarian cancer
last year.
It's in remission now,
but obviously it could
come back at any time.
Bull?
Yeah?
One other thing.
As a result of her illness,
she has no eggs,
and it would be impossible
for her to get pregnant, ever.
Ah, Mrs. McConnell.
Mr. McConnell.
Uh, if you would sit here.
Thank you all for coming.
I received a phone call
last night
about Mrs. Walton's
medical history.
And while she is in fine health
at the moment,
18 months ago,
things were far more dire.
Again,
she has a clean bill
of health today,
but the often fatal disease
she rallied against
often recurs.
Now, I could subpoena
her medical history,
get her doctors on the stand,
get medical professionals
to talk about
the possibility
of this disease recurring,
but I don't want to do that.
Truth is, even with all that,
this case could go either way,
and the judge,
whatever decision she makes...
...at least one family
is going to be heartbroken.
So...
I'd like to propose
a different solution.
We know the combination
of Roderick's sperm
and Elisabeth's egg created
a beautiful, healthy baby boy.
Let's just do it again.
You can't be serious.
Oh, yes, I am.
Samara,
your disease left you with
no eggs to fertilize, right?
So if Elisabeth
was to donate an egg...
Wait, wait, wait, wait.
This is not why we're here.
This is not what we came for.
Hold on.
You want me to donate one
of my eggs to the Waltons?
I'm suggesting a way
that might give everyone
what they want.
But why would I ever agree
to have a child of mine
out in the world without me
being able to raise him or her?
Exactly why we're here.
That's the way we feel
about Joseph.
And what if
you didn't shut each other out
of either child's life?
Each family raises a child
of their own, and
that child would know
that there were other
people out there
who loved him or her.
Better than a grandparent,
another parent, and a brother
or sister who, otherwise,
wouldn't be there.
Now, I am not naive.
I know that this is not gonna be
easy, but the upside...
...the upside
is so damn high up there...
...it's almost unimaginable.
Now, look, if this hearing
has proven anything, it's that
none of you are perfect.
But you are all
loving, caring, good people,
and you all want
what's best for Joseph.
So why couldn't that be the love
of four imperfect people?
And a sibling to go through
the journey of life with?
Your Honor,
before you render a decision,
my client would
very much like
to address the court.
If the Waltons
have no objection?
We do not, Your Honor.
Mrs. McConnell?
Your Honor.
Um, before you render
a decision,
I think we've all collectively
come to a realization.
I-I know I have.
I can finally see
why the Waltons
felt the need
to file for custody.
It's clear to me... clear to us...
that they're doing
what they're doing
out of enormous love for Joseph.
I don't know
how to ask someone...
order someone
to stop loving a child
who's at least partially theirs.
I'm not sure I know
where we're going.
What I'm proposing...
uh, what we're all proposing...
and, uh, really
it's Dr. Bull's idea...
is that, in-in return
for the Waltons withdrawing
their custody suit,
I'm prepared to donate
one of my eggs
so that Roderick and Samara
might have a child of their own.
Wow.
Are you on board with this?
We are, Your Honor.
We think it's
a very kind, generous...
incredible offer.
In addition, we would work out
a visitation agreement,
so Joseph could know
all four of his parents.
And likewise,
should the Waltons have a child
that Elisabeth helped conceive,
we pledge to work out a similar
agreement for that child.
Samara and I have agreed
to provide child
support as well.
We want Joseph to always know
we'll be there for him
in any way he needs.
Just to be clear,
does this mean
you're withdrawing
your petition for custody?
Yes, Your Honor.
♪
Counselor,
looks like we've got a
few things to figure out.
We certainly do.
I'll give you a call
in the morning. That'd be terrific.
And, uh, that reminds me,
we need to set up a time and a
place for tomorrow's visitation.
Oh, I don't know,
maybe the four of us
could work out the
details over dinner?
Excuse me?
Would you guys like to join us
and Joseph for some dinner?
We'd love to.
Taylor?
Oh, I don't know.
Seems to me like
a dinner for new friends.
I'll get you next time.
Shall we?
What do you think?
Did we do a good thing?
I hope so.
Did we do the right thing?
I think so.
Did we do the best we could?
Yeah, we did the best we could.
Now we just have to wait
20 or so years
to find out what Joseph thinks.
Captioning sponsored by CBS