So it is very safe to say that I have no idea what the proper legalities of changing a child's last name entails so I mostly bluffed my way through that, I already know my interpretation's wrong and I hope you all will forgive me because I did my very best.
I'm really sorry this chapter took so long to be written, I lost track of time and that wasn't nice of me. I really am sorry. Well here it is and I honestly hope you all enjoy. I have to admit I kind of want it to be Christmas now.
Please review and tell me what you think, it would make my night so much better! I hope everyone's having a great night!

The sky was cloudless.

The night was hushed, the world waiting breathlessly in anticipation for the next day.

Tony snuggled into his coat and leaned into his dad, reveling in the warmth and safety.

Gibbs tightened his hold on his son, mindful of still healing ribs and his exceedingly tender back.

The two sat quietly on the blanket they had spread on the snow, watching the streetlights sparkle on the frozen water.

"Remind me how you talked me into this?"

Tony grinned and laughed quietly.

"Wasn't that hard."

"You cheated."

"You should know better than to agree when I'm speaking Italian."

Gibbs smiled despite himself and pulled Tony's stocking hat farther down on his head.

He was pretty sure that taking Tony back to his park at eleven at night on Christmas Eve was the exact opposite of what Ducky advised, but he had looked at him with those eyes and asked if 'just this once because after all it Christmas' and then something in Italian and...

He really couldn't say no.

Besides, this time he was with him and the kid had on enough layers to clothe himself and three other children.

He was taking no chances.

Tony sighed in contentment and scooped up a handful of snow, studying the white crystals in his mittened hand.

"Do you think we could build a snow man tomorrow?"

Gibbs looked up at the sky thoughtfully.

"I don't see why not."

Tony grinned and wiggled his fingers, causing the snow to fall from his hand in bits and pieces.

"Thanks. I've never made one before. I thought they looked like a lot of fun and I always wanted to, but I never had the chance."

Gibbs felt the familiar rush of anger at the unfairness that he automatically pushed down. He would work it out later, not here, not near Tony.

"Well we'll have to change that."

The two lapsed back into silence, enjoying the night. Tony drew his knees closer to his chest and ran his hands over the front of his coat. It reminded him of a pilot jacket, but it was so warm. He smiled at down at the warm brown and wrapped his arms around himself. Gibbs watched his boy and could feel something nagging the back of mind, something he had always wondered but never actually asked. Something he suddenly needed to know. He glanced down at his son and spoke quietly, regretfully.

"Tony?"

"Yes?"

"That first night we met..."

Tony looked up at Gibbs, curious.

"I remember."

"You didn't have a coat."

Tony looked at Gibbs for a long moment, his gaze shuttered as he thought about what to say. Finally he settled on a simple answer. A truthful one. He looked back at the frozen pond.

"No I didn't."

"I asked you what happened to it and you told me you lost it. Was that true?"

Tony shrugged then winced. That wasn't a good idea yet. Gibbs frowned at the indication of discomfort and turned Tony so he was leaning on him, making sure there was no pressure on his healing cuts.

"More or less."

"Which is it?"

Tony's lips twitched.

"Less."

"That's what I thought."

Tony rubbed his cheek absentmindedly and looked up at Gibbs, leaning away.

"Dad….there are things we really don't need to talk about."

Gibbs pulled Tony back close to his side, unwillingly remembering the terror and emptiness of when he had been taken away.

"And there are some things we do."

Tony nodded and leaned his head back, staring the few stars that dared to challenge the city lights.

"Yeah...it was about two weeks before I met you…"

~Flashback~

Tony was careful when he left the kitchen, his mug of hot chocolate clutched tightly in his hands.

Miguel had handed him the cup with warm eyes and sent him to bed with gentle words, Mayer promising him a movie marathon after his dad left for his business trip the next day.

He could hardly wait.

A few uninterrupted days were he wasn't afraid. Where he could sit and eat and watch movies and relax and smile and just be.

It couldn't come soon enough.

He tiptoed up the stairs, staying quiet in the dark house. He knew that Mayer and Miguel had both disappeared to bed as soon as he left the kitchen and he didn't blame them, it was almost two in the morning.

He didn't know how they always knew when he left but they always had food and company waiting for him when he came back.

One of these days he was going to figure them out.

Eventually.

He grinned to himself and trudged down the hall, relieved when he saw his door. Reaching for the doorknob, he was careful with his drink, determined not to spill a single drop.

He eased the door shut behind him and moved towards his window, eager to sit on his window seat and enjoy the warmth radiating off his mug, maybe read a few more chapters of The Lion The Witch and The Wardrobe before bed.

He set the drink on his desk and began to remove his coat, careful not to jostle any of the still sensitive bruises.

He finally slipped off the coat and moved to his wardrobe to hand up and contemplated the odds of opening the doors and finding Narnia on the other side.

He was halfway across the room when his door flung open and his father stood there, a bottle of wine hanging from his fingers and the heavy smell of perfume coming off him.

"Anthony! Junior!"

Tony jerked to attention and stared at his father incredulously.

What on earth is he even doing awake? Or still in a suit? He was asleep when I left!

Tony gulped and looked up at his father with wide eyes.

"Y-yes s-sir?"

"Get over here."

Tony scampered over until he was directly in front of the man, trying to keep himself from shaking.

Seniors drunken gaze narrowed as he caught sight of the coat still in Tony's hands.

"What's this? You going somewhere?"

Tony shook his head quickly.

"N-no sir. I w-w-was just….c-cleaning up."

Senior swung an arm out, knocking Tony off his feet.

"Don't lie to me you little sh*t!"

Tony scrambled to his feet.

"I'm s-s-s-sorry sir."

Senior reached down and jerked the coat out of his grasp.

He studied it with a calculated glare.

"Where were you planning on going Junior?"

Tony shook his head desperately, trying to think of a way to calm him down.

"No wh-where s-sir. I w-w-wasn't g-going anywhere. P-please."

Senior glared at him and grabbed the front of his shirt, drawing him close while screaming, Italian and English mixing into one hurtful angry blur. Suddenly he drew his fist back and hit Tony on the side of the head, turning him into the blow and letting him go as soon as it connected. Tony was unconscious before he hit the ground.

~Flashback end~

"When I woke up my hot chocolate was cold and my coat was gone. I never saw it again and I wasn't about to go ask what happened to it."

It took all of Gibbs' control to stay seated, to keep his hands steady, to continue to be silent. Tony's voice didn't shake throughout the entire story, but had grown increasingly quiet, until he was almost whispering.

"Senior wasn't going to give me money for another, I didn't have enough stored in Orso, and I wouldn't let Mayer or Miguel spend their money on me. So I just didn't use one. It wasn't that bad, got used to it really fast. Besides, I'd rather be cold than stuck in that house any day. It doesn't really matter though, because it wasn't that much longer until I met you."

With that Tony turned his face towards Gibbs and smiled, warm and happy and Gibbs found himself putting aside his rage and smiling in return.

The past was a nightmare, hurtful and frightening, but it was the past. It wasn't coming back. It was time for them to enjoy the present. And look forward to the future.

Arranging Senior's murder through prison walls could wait until the day after Christmas.

"Hey Tony."

"Yeah Dad?"

"Let's build a snow-man."

XxxX

Tony woke up warm, safe and smiling.

On Christmas.

With a start he sat up in bed and looked around.

It was Christmas.

He was with Gibbs.

He was with his dad and he was home and it was Christmas.

He was actually going to celebrate a real Christmas.

Wow.

Tony leaned back on his pillows and stared at the ceiling, his mind running a mile a minute.

He thought about jumping out of bed and running down the hall.

He thought about bursting through Gibbs' door and yelling, jumping on the bed and laughing.

He thought about being pulled into a hug and knowing he was safe and loved and he had a family.

He thought about it.

And smiled.

He could.

If he wanted to, he could do all those things and Gibbs would laugh and join him and he would be okay.

There was nothing be afraid of.

It was Christmas and there was nothing to be afraid of.

He was with Gibbs.

He was with his dad.

And that was better than any present he could ever have under a tree.

He had never felt like this before.

He didn't know what to make of this.

This joy.

Tony rolled off the bed, the duvet wrapped around his shoulder. Passing by his rocking chair he reaching down and scooped up Rusty the kitten. Holding him to his chest, he walked over to the window and looked out at the back yard.

It was covered in snow, washed clean of everything that had ever marked it.

Every bad day.

Every disappointing moment.

Every hour spent alone and hurting.

It was all gone.

Tony put a hand on the glass and felt the cold seep into his fingers.

He felt clean.

He felt new.

He felt like he was home.

He laughed and spun around, letting the blanket fall from his shoulders as he ran out his door. Rusty mewed in curiosity as the boy ran, but Tony didn't slow, careful to hold the kitten close as he flew down the hall.

"Dad! Dad it's Christmas!"

Gibbs shot up in bed and barely had time to react as Tony came through and door and launched himself on the bed.

Laughing at the glow on his son's face, Gibbs wrapped Tony, cat and all, in a hug.

"Merry Christmas Tony."

"Merry Christmas Dad."

…

Tobias could hear the laughter and the music before he even opened the front door.

Smiling, he used the key Gibbs had given him and pushed open the door.

"Merry Christmas!"

"Toby!"

Tobias dropped his packages in a hurry to catch the blur of nine year old flinging himself at him. Laughing, Tobias returned the hug and smiled at Gibbs who popped up in the doorway.

"Merry Christmas Jethro."

"And to you Tobias."

Tony let go of the hug and instead grabbed Fornell's hand, dragging him unresistingly to the living room with Gibbs close behind carrying Tobias's bag of gifts. Bing Crosby was playing and Tobias had never seen so much tinsel on one tree in his life.

"Nice tree."

Tony beamed at him.

"Thanks! Dad and I decorated it."

Tobias smiled at his enthusiasm.

"Looks like the cat likes it too."

"What? Rusty no! Get down!"

Tony rushed forward to the tree and reached up to grab the kitten swinging from the branches.

"Bad kitty! Well...no not bad kitty, but...don't do that!"

Tony pulled the kitten close to him and Tobias could swear the cat looked smug. While Tony stroked the cat and cooed down to it, Fornell leaned close to Gibbs.

"Since when do you have a cat?"

"I don't have a cat. Tony has a cat."

Tobias rolled his eyes.

"Alright then, when did Tony get a cat?"

"Couple days ago, found him hurt and hiding in the back yard in the middle of the night. Asked if he could keep him. Couldn't say no."

Tobias grinned.

"Softie."

Gibbs eyed him.

"Don't push it Fornell, I can still take you."

Tobias chuckled and turned his attention back to Tony who was walking over to the men, the orange fluff ball still clutched to him.

"Toby this is Rusty. He's my cat."

"I can see that. Nice to meet you Rusty. Where did you get that name?"

Tony grinned.

"My favorite movie, Oceans Eleven. Staring George Clooney and Brad Pitt, directed by Steven Soderbergh. Rusty Ryan was my favorite character, the name just fit."

"Makes sense to me."

Tony grinned at him and set the cat down and dashed towards the kitchen, the cat hot on his heels.

Seeing Tony was out of the room, Tobias turned to Gibbs.

"Jethro, are you sure you want me here? I mean it's your guys's first Christmas, wouldn't you rather-"

Gibbs reached out and stopped the man from speaking.

"I told you. Christmas is a time for family. And he needs as much as he can get. You're family Tobias. We want you here. Both of us."

Tobias studied him for a moment and then nodded.

"Jethro...are you alright?"

Gibbs narrowed his eyes.

"Tony and I talked last night, and I...maybe I should start listening to him when he says to leave things alone."

Tobias sighed and looked towards the kitchen, watching for the boy.

"Tobias…"

"Yeah."

Gibbs sighed.

"Jethro. It's Christmas. He's here, he's okay and he's never going back. Focus on the here and now. That's what he wants."

Gibbs nodded and straightened at Tony bounced back into the room, the kitten weaving between his feet as he held a plate of sweet rolls.

"Now those look good!"

Tony smiled up at Tobias.

"Thanks! Miguel gave me the recipe. Took Gibbs and I three tries to get it right. I think they're fantastic."

Tobias snatched one off the plate and smiled.

"You're right. These are incredible! Not to mention the fact that Gibbs is learning how to cook..."

"Tobias..." Gibbs growled.

Tony grinned and moved to the tree, setting the plate on the coffee table and leaning against the couch.

Gibbs grabbed a roll and slid on the floor next to Tony while Tobias emptied his bag of presents under the tree.

Tony's eyes grew wide as he saw the pile of presents grow.

"Wow."

Gibbs couldn't fight the smile at Tony's quiet exclamation.

Tobias began sorting the present, humming along to the music, before settling himself across from Gibbs and Tony.

"Here you go kid, let's get this party started!"

Tony smiled and jumped to his feet, running from the room.

"Tony?"

The men looked at each other worriedly.

"Jethro-?"

"I don't know."

Gibbs got ready to stand, but paused when he saw Tony come back in, his arms full of gifts.

"What on earth?"

Tony laughed at their identical looks of disbelief and began handing out gifts.

"What do you think I do with all that poker money I take?"

Gibbs grinned.

"And that's why I don't play."

"Because you know if you did I would have won the house off you by now."

Tobias outright laughed at that and thanked Tony gravely for the present he was handed.

"Tony, you didn't have to-"

"Toby, it's Christmas."

Tobias looked down at the present in his hands and then at the boy looking at him with eager eyes.

"Yeah, yeah I guess it is."

Happy to have that settled, Tony plopped down next to Gibbs and grinned as Rusty curled up on his lap.

"Open your present Toby!"

Tobias looked at Gibbs who grinned and nodded. Shrugging, Fornell tore the paper off the small package and stared in surprise at the deck of cards.

"Open them."

He slid out the cards and saw the back of each card was black with TF in handsome calligraphy across the back.

"Tony...how did you?"

Tony grinned.

"I know a guy."

"...You're nine. You can't know a guy. You can't even know what that means."

"I watch a lot of movies Toby, and I've always wanted to say that. Actually Mayer's nephew is an art student, he helped me out. Do you like them?"

Tobias stared at the poker deck.

"I love them...Tony, thank you."

"You're welcome. Merry Christmas."

Tobias ran a finger over the back of the cards and whispered.

"Merry Christmas."

Gibbs watched the interaction unable to stop smiling. He knew that if Tony wouldn't have thought of this, Tobias would have spend the day alone. Probably drinking and looking for distraction and completely miserable.

Tobias looked up and caught his eye.

Through the look, Gibbs could read the gratitude and surprise.

He smiled softly and nodded.

"Dad! Your turn!"

"Don't you want to open one?"

Tony shook his head and smiled, handing Gibbs his gift.

"No, this is more fun."

Gibbs blinked once and then took the gift from Tony's hand, pulling the wrapping paper away.

He froze staring down at the gift.

It was a picture. The frame was an antique looking silver, something handsome and worn, something that looked like a family heirloom, and there would be questions about that later, but the picture inside of the frame caught his attention and stopped any movement.

It was Tony with a smile caught in the middle of laughter, snow in his hair, standing at the park holding a large piece of poster board with something written in childish handwriting.

This is where everything changed.

I love you Dad.

Merry Christmas.

"That's the exact spot we met. Do you like it?"

He looked up at Tony, seeing the worry and hope in his sons eyes.

"It's perfect."

Tony's smile lit up his face and the boy launched himself at him, wrapping his arms around him in a warm hug.

Gibbs opened his mouth to speak when someone banged on the door.

Tobias looked over at Gibbs.

"You expecting anyone?"

Gibbs shook his head and stood, sliding Tony behind him protectively.

"Probably someone stopping by to wish a Happy Christmas."

"Yeah."

Tobias followed anyway, careful to keep Tony back just in case.

Gibbs opened the door.

"Director?"

"Tom!"

Tony ran forward and smiled up at the man.

"Merry Christmas!"

"Merry Christmas Tony. Having a good morning?"

Tony beamed.

"The best."

Morrow chuckled and looked to Gibbs.

"Good."

"Not that it's not nice to see you Morrow, but what are you doing here?"

Tom smiled and handed an envelope to Gibbs.

"Merry Christmas Jethro."

"Tom?"

"Called in a couple more favors, got it in time for Christmas."

"What is it?"

Tom's smile widened.

"Take a look."

With that he turned and walked back to his car, sliding in and waving at the three as he drove away.

"Gibbs?"

He shrugged and reached into the envelope walking back into the living room with Tony and Tobias trying to gain a peak.

Sitting on the couch he leafed through the papers and began to smile.

Laughing he jumped to his feet and grabbed Tony spinning him a circle.

"Dad?"

"Tobias hand me that paper on top there."

Fornell passed him the paper and Gibbs immediately gave it to Tony.

"Care to read that first line there?"

Tony looked at him in confusion, still being held off the ground, but turned to the papers.

"The courts hereby recognize the person formally known as Anthony Darin DiNozzo Jr to now be known as Anthony Darin Gibbs, the child of Leroy Jethro Gibbs."

Tony looked up at Gibbs in amazement.

"Anthony Darin Gibbs."

Gibbs smiled.

"Tony Gibbs."

Tobias laughed.

"Tony Gibbs. It's official."

"I'm a Gibbs."

"You're a Gibbs."

Tony threw his arms around Gibbs' neck and held on for all he was worth.

"Merry Christmas."

Gibbs smiled and held his son close.

"Merry Christmas Tony Gibbs."

And that is the end of Free Falling. I just want to give a Big Thank You to everyone who read and favorited and followed and reviewed! Especially those who reviewed! You always made me smile and made me want to keep writing. You all helped make this story what it was and I love hearing from all of you! Thank you so so much!
Until next time!

God Bless
~Renee