A/N: I felt a little mean for having ended my story the way I did. I know a lot of people wanted to hear the custody battle. So, I figured I could whip out one last chapter featuring the custody battle. Consider it an alternate ending to "The Kid."

Dedicated to OkieBeth05, because she convinced me to do this.

Warnings: Father/Son cuteness bordering on fluff.

Disclaimer: Nah, I don't own CSI: Miami or the characters 

*****************************************************************************

The day of the custody battle had arrived. Horatio Caine sat in his office feeling unusually nervous. He knew that he probably didn't have enough to secure custody. Maybe enough to gain joint custody—but enough to take Kyle away from Julia all together? Probably not.

His lawyer, Brian Benson, had left the material they would be using on Horatio's desk. Horatio had testimony from Dr. Young, Kyle's psychiatrist, from himself, and from Ann Humphreys, who would be a character witness for Horatio. He also had a report from Kyle's pediatrician that his lawyer would read to the court.

But Horatio had seen many a custody case. He knew that proving the worth of the father did little unless the prosecution could also prove the unworthiness of the mother. Horatio knew that Julia was not a good parent to Kyle, but he had very little to prove that in court.

There was a tap on the glass door of his office. Kyle was standing there, looking nervous and out of place in his casual wear. Horatio signaled for the boy to enter, which Kyle promptly did.

Kyle sat down across from Horatio, so that to the outside viewer it may have seemed like he was being interviewed for a job. There was a moment of compatible silence before Kyle spoke. "So, you're really going through with this."

Horatio knew that Kyle has been against the battle from the beginning, but something in the boy's voice shook him. Kyle didn't seem as angry as he usually was on the matter. "I am," Horatio answered. "Are you going to be okay through this?"

Kyle shrugged. "Yeah." He was silent a moment, and he turned to look out the window at the MDPD parking lot before speaking again. "I want to stay with Mom, but…she's changed. She's not who I thought she was."

To say that Horatio was surprised would have been an understatement. But he listened carefully and encouraged his son to speak further. Kyle faced his father and continued. "I was in foster care for 10 years. I didn't know anything about you. All I knew about Mom was the one or two vague memories I had of her. I wanted to find her so badly. So, over the years I built up this image of who she was. It's not till now that I've realized that I built that image on nothing. It was nothing more than who I hoped my mother would be. She's not like that woman I thought of. She's not…good and pure. But who is really? All I know is that she needs someone. And who will take care of her if not her own son?"

Horatio sighed. He had realized this from the moment that Kyle had stood in that holding cell with Julia. But he could not shake the childlike disillusion from his son. It was the boy's job to realize that on his own. Horatio thought he would be happy when Kyle finally made this realization, but he wasn't. He was sad for his son's loss.

"Family inevitably lets us down, Son. Everyone we will ever meet does. But you're right—you can't give up on them just because of that."

"Then why are you trying to take Mom away from me?" Kyle asked, confused.

Horatio didn't know how to explain this to the boy. Kyle was still a child, and there was so much about life that he just couldn't understand from his perspective. Horatio knew he had to try, though. "I am not trying to take her away from you. I'm trying to make sure that you are in the best situation possible. Your mother is an adult, and she shouldn't need someone to take care of her. Son, this time in your life should be spent figuring out what kind of man you want to be, not trying to salvage the kind of woman your mother chose to be."

Kyle looked at his lap. Horatio couldn't tell if the boy had gotten the message. He didn't get the chance to find out, as there was a knock on his door. Brian Benson was standing there pointing at his watch.

Kyle breathed in. He locked eyes with Horatio, who nodded. "It's time to go, Son."

*****************************************************************************

The court room wasn't terribly packed. Some friends of Julia's sat in the pews, and a few of Horatio's team members lurked in the back. Mostly the court was taken up by Julia's extensive defense team. Horatio was armed only with Brian Benson.

Horatio and Julia had agreed that Kyle would not take the stand. However, much to both their disliking, Kyle insisted on being present during the case. He sat in pews behind the prosecution's bench, where his father was.

The case seemed to lurch on and on. Horatio had first been called to the stand, and had told his intentions to the court. Ann Humphrey had followed. She told the court of Horatio's good character and work record. The prosecution then called Dr. Young to the stand, and she paid witness to Kyle's declining emotional and academic health.

The defense was ready to attack every witness that came to the stand. They particularly attacked Dr. Young, saying that teenagers go through turmoil all the time in high school—and that his slight decline in well being could not be contributed to his stay with his mother at all.

The judge, an aging man with salt and pepper hair and a stern face, listened carefully. Because it was a custody case, it was a civil matter and therefore the "verdict" was decided by the judge.

After nearly three hours, the case started to wind down. The defense had shown Julia to be a good financial provider, and had knocked down any of the prosecution's claims that she was an incompetent parent.

Final arguments were given. Everyone in the room was waiting on the edge of their seat. Kyle was tapping his foot nervously against the floor. Horatio and Julia were, as usual, remaining calm.

Judge Hathorne sifted through some documents, obviously sorting out the thoughts in his head. Finally he put the papers down and addressed the court. "I find no reason why the child should be removed from his present guardianship. The prosecution has not given enough proof of incompetence on Miss Winston's part. Therefore, I rule that—"

But his ruling was never spoken, for at that moment, the doors to the courtroom were thrown open and a man in a sharp black suit followed by two city cops entered. Every head in the court turned to him.

Judge Hathorne quieted the instantly talkative court. He addressed the suited man. "Sir, this court is in session. What business do you have interrupting it?"

The man spoke in a commanding and borderline haughty manner. "Your honor, I have legal business that pertains to the matters of this court." He pulled a piece of paper from his pocket. "I have an arrest warrant for Miss Julia Winston."

Kyle's jaw dropped. Horatio lost his usual calm to a look of utter surprise. Julia looked livid. She stood. "On what charges?"

"Two counts of real estate fraud on the grounds of fraudulent qualifications."

Julia looked like a fish out of water. "This is crazy!"

Judge Hathorne was now reading the warrant that the black suit man had provided. He addressed Julia. "This warrant is legitimate. If you do not go with these police officers now, they will charge you with resisting arrest."

Julia didn't know what to say. She could do nothing but allow an officer to place handcuffs on her and lead her out of the building.

The court was unsettled now. Judge Hathorne banged his gavel to quiet the room. "Sir," he indicated the man who had come with the arrest warrant. "What's your name and how did you come to be involved in Miss Winston's arrest?"

The man stepped forward. "Marcus Rowland, your honor. I work for the IRS. We have been pursuing Miss Winston for some time now. There is irrefutable evidence of her guilt, your honor."

The judge looked impatient. "Her guilt is not for this court to decide. We are here pending the matter of the custody of Kyle Harmon."

Brian Benson saw his chance. "Your honor, if I may," He said standing up. The judge nodded. "Miss Winston, whether guilty of these crimes or not, has found herself in a trying legal position. By the time she is tried, the boy will be 18 and no longer under anyone's custody. I think it best if Kyle Harmon spends the remainder of his youth under his father's guardianship."

Judge Hathorne seemed to mull this over. Finally he called the representatives from the prosecution and the defense to the bench. The two lawyers and the judge talked for a few minutes before the lawyers returned to their respective benches.

Judge Hathorne spoke with finality to the court. "Because Miss Winston has found herself in a position that impedes her ability as a parent, and because the good character of Lieutenant Caine is already widely recognized by the community, I find it suitable and right that full custody of Kyle Harmon should be immediately and indefinitely turned over to his father. Court dismissed." He banged his gavel.

*****************************************************************************

Kyle was sitting on a step outside the courthouse, trying to gather his thoughts. He looked up as his father joined him.

"How are you doing?" Horatio asked carefully.

"I can't believe that Mom just got arrested," Kyle said.

Horatio nodded, "Okay, I know this is surprising, but we're going to get through this."

His father's words of comfort seemed to be lost to Kyle. The boy was still lost in his own thoughts.

Kyle stood with his father. Horatio started to walk to the car, but Kyle remained standing where he was. Horatio stopped and looked back at him questioningly.

Kyle was looking at Horatio straight in the eyes now. "I want you to know, Dad…I'm not…disappointed that I'm living with you now. This is just a bit of a shock, you know?"

Horatio walked back to Kyle. "I know. I do know. And I know that this isn't the first time that you're mother has let you down. But I am going to promise something to you right now; I am never going to abandon you, Kyle. I will always be here if you need me. I never close."

Kyle looked at his father and he knew that the man meant it. "I know, Dad. You haven't let me down yet."

Horatio reached up and ruffled Kyle's hair in a rare show of affection. "Son, let's go home." Kyle nodded.

And the kid walked by the father, and the father stood by the son.

FIN

A/N: Well, I hoped you liked my alternate ending. I would appreciate reviews for it!