I Told Them My Lawyer Would Send a Copy, and I Didn’t Have One

Daniel Foster

My wife walked out on our seven-week-old twins and moved in with my little brother while I was in a military hospital overseas learning to live with one arm. Her note said, “I’m not spending my twenties on half a man.” Four years later I stood on their porch holding one sheet of paper.

I still don’t tell this one at cookouts.

Back then I’d been gone eleven months.

They took my left arm below the elbow, and through every surgery after that, every rehab session, every night on a ward that smelled like bleach and somebody else’s dinner, I kept two things in my head.

My wife, Misty. And the twins she’d sent me pictures of, Gavin and Sadie.

They cleared me to fly home nine days early. I didn’t call anybody. I wanted to watch her face when I walked in.

So I used my own key.

The living room was empty.

No couch. No curtains. Nails in the wall where our wedding pictures used to hang, and a square of cleaner carpet where the entertainment center had been.

Then the crying started upstairs.

Two of them, and an older voice under it, cracking.

I took the stairs with my good hand on the rail and found my mother in the nursery, sixty-six years old, gray in the face, trying to bounce both twins at once with arms that wouldn’t hold still.

“Mom,” I said. “Where’s Misty?”

She wouldn’t look at me.

“I’m sorry, Wes,” she said. “Honey, I’m so sorry.”

She said it four more times. She never said where.

The note was downstairs on the kitchen counter, and Misty’s wedding band was sitting on top of it.

“I’m not spending my twenties on half a man and a house that smells like diapers. Kyle can give me a life. The twins are yours. I can’t be their mother.”

Kyle.

My little brother.

The one I’d put down as my emergency contact. The one who told me over a bad satellite connection, “Don’t worry about a thing, I’ll swing by and check on Misty and the babies.”

He swung by, all right.

Most nights, Mom told me later. The last five months I was gone.

“He’s still my son,” she said. “I didn’t know who to call.”

That first night I sat on the nursery carpet with Gavin on my chest and Sadie in the crook of the arm I had left, and I made a promise to two people too small to understand a word of it.

They would NEVER wake up to an empty house again.

Then came four years.

Four years of a pain that didn’t keep hours. Bottles at 2 a.m. with one hand and my teeth. Folding a stroller against my hip. Car seats. Shoelaces. Snaps on tiny jackets that took ten minutes apiece, and Sadie’s hair, which I still can’t do right.

No sleep. No backup. No wife.

Just me, Mom on the days her knees let her drive over, and two kids who said Daddy before they said anything else.

Neither one ever looked at the prosthetic like something was wrong with it.

To them it was my other hand.

It clicked when it moved. Gavin liked to drum his spoon on it at breakfast. And it held them every bit as well as the real one did.

I got through it.

Not gracefully. Not like a movie.

I got through it the way you do when the other choice is two kids growing up sure that everybody leaves.

A month ago, on a regular Thursday, I saw something that made me set my coffee down.

Their names.

Misty’s and Kyle’s.

Side by side.

On one document.

Not a post online. Not gossip from a cousin at Thanksgiving. Not a glimpse of them at a gas station in a town I’d moved away from.

A county court filing. Stamped. Final.

The kind of paper that comes with CONSEQUENCES.

I read it once.

Then I read it again.

Then I folded it back on its creases, tucked it into my jacket, buckled the twins into the back seat, dropped them at Mom’s, and drove fifty minutes to the address printed on page one.

I kept to the limit.

I didn’t practice anything.

I didn’t call first.

For once, I wasn’t the one getting left.

The house was in Mankato, on a street with big old trees, and it was nicer than anything Misty and I ever talked about owning. Brick front. Trimmed boxwoods. A new white car in the driveway with the dealer’s plate frame still on it.

I got out with the paper in my hand, walked up to the door, and knocked.

Twenty seconds.

Then the door swung open, and it was her.

Misty.

Skinnier. Blonder. A cream silk blouse, and a face that came apart the second she figured out who was on her porch.

From somewhere down the hall, Kyle called, “Who is it, babe?”

I kept my eyes on Misty.

She was looking at my arm.

Then at the paper.

And her face, the one I’d pictured every night in that hospital while they fitted the socket and the cables, went as white as the door trim.

“You recognize this,” I said.

Nothing.

“So you know what happens now.”

Kyle came up behind her. Bigger than I remembered, a nicer shirt, the easy confidence a guy has when nothing’s ever been taken from him.

He saw me and stopped moving.

I held the paper up.

“Filed nine days ago,” I said. “BOTH your names. Both your signatures.”

“Wes, come on, man—” Kyle said.

“I didn’t drive fifty minutes to hear you talk.”

I looked at Misty one more time.

“I came home with one arm and two kids you tossed out like junk mail. I raised them alone. They learned to walk holding my one hand. I taught them please and thank you. I sat in the emergency room at midnight holding both of them because NOBODY ELSE was there to take one.”

I held the paper between us.

“And this right here says everything you two figured you’d gotten away with…”

I let it sit.

“…finally CAUGHT UP WITH YOU.”

Kyle reached for it.

I pulled it back.

“You’ll get your copy from my lawyer,” I said. “That’s how grown-ups do it when they’re done running.”

I turned and went back down the walk toward my truck.

Behind me, Misty’s voice came out small and thin, nothing like the woman who left a ring on a note and drove off with my brother.

“Wes, wait, please, you don’t understand—”

I had the truck door open.

“You left two newborns crying in their cribs,” I said, without turning around. “I understand plenty.”

I drove home.

Got the twins from Mom’s.

Made mac and cheese one-handed, same as every dinner for four years.

After they fell asleep, Gavin hugging a stuffed shark and Sadie face down with both arms flung out like she was falling, I sat at the kitchen table with the dryer squealing in the next room and looked at the line on my arm where I stop and the plastic starts.

And I finally had a word for what that line was.

It was where the worst night of my life ended, and the two best things in it were asleep down the hall.

The box that said Final

I put the paper under the light and read it a third time. The dryer squealed through the wall.

Misty Zimmerman and Kyle Zimmerman, Petitioners. Wesley Zimmerman, Respondent. A petition for sole custody of Gavin and Sadie, filed in county court nine days ago.

That was the whole paper. Nobody had been caught. Nobody was going to jail. Two people had walked into a courthouse together and asked a judge for my kids.

The word that got me off the couch that morning sat in a box in the corner. FINAL HEARING, and a date twelve days away. I’d read Final and heard a gavel coming down on them.

It was coming down on me.

I’d stood on that porch and promised a copy from my lawyer. I didn’t have a lawyer. I had $1,140 in checking and a dryer with a bad belt.

Paragraph six was the only one with real ink under it. Respondent is unable to provide a safe and stable home, as will be shown by the testimony of a family member.

Kyle was a petitioner. Misty was a petitioner.

Somebody else was going to stand up in a courtroom and say it about me, and nobody had written a name.

The drawer under the menus

I couldn’t sit with it, so I opened the drawer by the stove.

Takeout menus. A roll of tape. Birthday candles. Under all of it, the note, soft at the folds from four years of me not reading it, and Misty’s band, which I never sold and never wore. And a hospital form.

I couldn’t tell you why I kept the form.

Gavin was two that night. Croup, a bark like a seal coming through the monitor at midnight. I drove with one hand, Gavin screaming in the back like somebody was sawing him in half, and Sadie in the other seat because there was nobody to leave her with. Mom couldn’t drive after dark. Her knees, and her eyes.

The clerk at the ER asked for an emergency contact.

Misty was an address I didn’t have. Kyle was a name I hadn’t said out loud in four years. Mom’s number was no good if she couldn’t get there.

I wrote NONE.

The clerk looked at my arm, then at the screen, and typed it without a word.

After that night I quit waiting for somebody to show up.

Mom did show up, though. Tuesdays, when her knees allowed. She’d stop on the third stair before the climb, one hand on the rail and one on her hip, and apologize to the stairs. Sorry. I’m slow. Sorry.

She did Sadie’s hair at the kitchen table with a rat-tail comb, because I couldn’t make a part go straight. I told her that once from the bottom step, with my back against the wall.

“I can’t do it right, Mom.”

“Nobody can their first year,” she said, and kept combing.

She never once said what she thought about the arm.

That was who I had. A mother who apologized to furniture, and a preschool teacher named Brianna who made me initial the sign-out sheet at 3:30 every day, three years running, though she knew exactly who I was.

My phone buzzed on the table at 11:40.

Mom.

“Kyle called me. Please don’t do anything till we talk. I’m so sorry.”

The letter from Snyder

The courier came Friday morning. Gordon Snyder, Attorney at Law, three paragraphs on paper thick enough to stop a door.

My brother and his wife were prepared to be reasonable. I could sign a consent order and keep “reasonable access” on weekends, at the petitioners’ discretion. Or we could go to hearing, where the Court would be “very interested in the circumstances of the household.”

Access to my own kids at my brother’s discretion.

I read it standing at the mailbox until Gavin yelled out the car window about the shark.

Mom hadn’t answered Thursday’s texts. She didn’t answer Friday’s.

I called six lawyers before lunch. Three didn’t do family court. Two wanted $3,500 up front, which was $2,360 more than I had. One could see me in nine days.

So I called the one person I could think of. Dwayne had the bed next to mine on the ward that smelled like bleach. He lost the leg, I lost the arm, and we traded dinner jokes for five months. He picked up on the first ring, heard the whole thing, and laughed until he coughed.

“You drove to their house with a bluff.”

“With a paper.”

“Wes. With a bluff.”

Then he gave me a name. Lorena Navarro, family court, did his custody mess in Rochester. “She doesn’t take no from judges, and she takes payment plans.”

Lorena answered her own phone. I gave her the short version and she asked for the date, then the paragraph. Six hundred dollars now, she said, the rest when I had it.

“Read me paragraph six again.”

I read it.

“A family member,” she said. “Which one?”

“I don’t know.”

“Find out before the hearing, Mr. Zimmerman. I’d rather not find out from the judge.”

Pam’s rake

Tuesday I drove the twins to Mom’s like any Tuesday. Her car sat in the drive. Nobody came to the door, and my key stayed in my pocket.

Next door, Pam Wilder was raking oak leaves into a pile that didn’t need raking. Sixty-eight, retired from the credit union, still carrying a notary stamp in her purse the way some women carry mints.

“She’s at the knee clinic,” Pam said. “Her friend from church took her. Wes, honey, did you go to Mankato?”

“Who told you?”

“Your mother. Thursday night, crying so hard I couldn’t make her out.” She leaned the rake on the fence. “I’m going to tell you something and you’re going to want to sit down.”

I stayed standing. Sadie was pulling at my hand to get to the leaf pile.

“I drove her there. The first time. Linden Street, brick house, those boxwoods. She couldn’t go that far on her own.” Pam looked at her gloves. “Every other Sunday after. Jerry drove when I couldn’t, then Kyle started coming to get her himself. Lately in that new white car.”

I heard it, and it went nowhere.

“Four years,” I said. “She told me she didn’t know where Misty was.”

“She had the address on a sticky note on her visor, honey.”

Gavin shrieked and dove into the leaves.

“She had it in her purse before the twins could sit up,” Pam said.

I should have gone. Instead I stood there with my one good hand on a fence post that wasn’t mine, and Pam said the other thing.

“A few weeks ago I stamped a paper for her. She said it was Kyle’s insurance. I never read it.”

The back of the sheet

That night I hung my jacket on the kitchen chair, the twins finally down, and took the paper out of the pocket.

For five days I’d read the front. A county form, folded in thirds. The back showed only a gray block of print at the bottom that I’d taken for the boilerplate every county puts on the back of everything.

I turned it over under the light.

VERIFICATION OF WITNESS, the heading said.

“I, Roberta A. Zimmerman, being duly sworn, state that I am the grandmother of the minor children. I am present at the Respondent’s home daily. I have seen that he cannot manage the children alone. He cannot tie their shoes. He has told me himself that he cannot do his daughter’s hair.”

Under it, the loopy R I’d seen on every birthday card of my life.

Under that, a stamp. Subscribed and sworn before me, Pamela J. Wilder, Notary Public.

Daily.

She came Tuesdays when her knees allowed. I’d hung her coat on the hook myself.

I read the last line. I am sorry to have to say it.

I put my hand on the table, and the plastic one clicked on the wood.

I’d said it to one person, from the bottom step, and she’d told me nobody can their first year.

Courtroom 3

Lorena had six days of me, and she used every one.

Brianna printed three years of sign-out sheets, my initials down every page. The ER form came out of the drawer. So did the note, in a sandwich bag with the ring, and Lorena held it up to the window and said nothing for a while.

In the hallway Kyle looked at the floor. Misty sat on a bench by the water fountain with her hands in her lap.

Snyder called my mother first.

She came up the aisle holding the rail, and she did not look at me. She took the oath. Snyder asked about the household, and she said what the sheet said, and then Lorena stood and asked how many days a week she was at my house.

“Tuesdays,” Mom said.

“The paper says daily.”

“When my knees let me. And I’ll tell you why, because nobody asks.” She turned to the judge. “He’s got a house with a staircase and two babies and one arm, and I climbed those stairs three hundred times and every time I thought, this is not a life for him. I have known where Misty was since the first spring. I wasn’t going to tell him, he would have driven over and done something he couldn’t take back. Kyle’s house has a bedroom on the first floor. Do you know how long it’s been since I slept in a bed I didn’t have to climb to? I’m sixty-six. I wanted my boys in one house. I wanted those kids to have a mother. Is that so terrible? I signed it because I thought I was helping.”

Lorena let her finish. Then she set the ER form on the rail. Emergency contact: NONE.

Nobody said anything.

Snyder started to stand, and Misty beat him to it.

“Your Honor, I’d like to say something.”

“Ms. Zimmerman, you’re a petitioner,” Snyder said.

“I know what I am.”

The judge nodded.

“Roberta brought it to our kitchen already typed,” Misty said. “Kyle signed first. I signed because it said I’d see them. I never turned it over.” She looked at me for the first time. “That’s what I was trying to say on the porch.”

Kyle said her name. “Sit down.”

She stayed standing. His face did something I hadn’t seen on it since we were boys and he’d lost a game.

The judge asked if the respondent had anything to say.

“I’m not going to stop her seeing them,” I said. “In a room. With somebody watching.”

The petition was dismissed. Two Saturdays a month at the county library, supervised, a woman named Nicole with a clipboard.

Mom went out through the double doors without her cane in her hand, holding the wall.

“I only wanted all of you in one house, Wes,” she said, passing me.

The third stair

Three weeks later, a Tuesday, four in the afternoon. Nobody drove over.

Mom had taken the first-floor room on Linden Street. She called Sundays now, on speaker, and I stayed in the kitchen while the twins told her about the shark. Lorena got two hundred dollars a month, and the dryer still squealed.

The living room had a couch. Ninety dollars, secondhand, a burn on one arm. The four nails were still in the wall where our wedding pictures used to hang, and I’d put the twins’ crayon paintings on them. Gavin’s shark, green. Sadie’s all of us, stick people, a sun with a face.

Gavin drummed his spoon on my arm at the table. It clicked.

Sadie came in from the stairs with the rat-tail comb and a purple tie, and sat down on the third stair, where Mom used to rest. Her braid had come out of the library on Saturday tight as a rope and held for three days.

She held the comb up at me.

“Misty did it Saturday,” she said. “Do it like her.”

I sat down one step below. My good hand took the comb.

“It’s going to come out crooked.”

“You do it, Daddy. It can be wrong.”

If this one hit close to home, send it to somebody who raised kids on one pair of hands.

For more family betrayals and the people who finally stand up for themselves, read “Tracy Filmed Me in the Hall Where Dad Paid Lodge Dues for Twenty-Two Years” and “I Gave My Sister Thirty-One Hundred Dollars Five Weeks Before My Wedding”. There’s more family drama in “Roberta Pinned My Hem Before the Wedding. Marlene Had Her Gone by Friday.”.