This is a rewrite of my story Free. I deleted that story. There will be the usual bashing. I tend not to write Ethan/Theresa fics. Just can't make that work. It will be a Theresa/Sam story. I know that this is an unpopular pairing, but I like it. So on with the story

Chapter One

It had been a year since Gwen had lost her daughter, Sarah, in LA. She, along with Ivy and Rebecca, vowed to make Theresa pay for the child's death. Rebecca and Ivy had the brilliant scheme of taking Ethan Martin away from Theresa and having Ethan and Gwen adopt him. Rebecca blackmailed Julian with his and Eve's secrets. They went before the judge, but there soon was a huge bump in their road to success. Judge Reily was found dead the morning of the hearing. The hearing was postponed for another four weeks.

While Ivy and Rebecca were reviewing their strategies, Theresa and her new attorney, Jacob Westley, used the time to plan a totally new one. Theresa was confident that she would keep custody of her son. They had proof that canceled out Rebecca and Julian's claim for custody. She left her attorney's office and went to pick up her son. He had not been well and she was taking him to the hospital. The stage was set.


Two weeks before the hearing all parties were notified of the new judge hearing the case. Her name was Jaimie Henderson. Some people were not happy.

At the mansion, a loud scream is heard. Rebecca is screaming and ranting. Having just heard from Julian that a "honest" judge is hearing the case. Rebecca asks, "Are you sure we can't just bribe her or something?" "No", replies Julian, "Father has tried that for years and it has never worked". Gwen, confident, states "There is no way she will win mother, she can't even afford a decent attorney". "Gwen is right Rebecca, Theresa has no leg to stand on. She will lose, and Gwen and Ethan will have Little Ethan." States a confident Ivy.

Meanwhile, Theresa's attorney called and told her who will be hearing the custody suit. "Thank god" says a relived Theresa. "What's going on mija" ask Pilar. "The judge hearing the custody case is Judge Henderson" says Theresa. "That good Theresa" says Pilar. "Momma will you watch Ethan Martin for a little while, I need to go pick up his meds" asks Theresa. "Sure Theresa" says Pilar. Theresa leaves to pick up Ethan Martin's meds at the pharmacy. Pilar goes to his room to check on the little boy.

At the Bennett house, Sam is having problems with Kay and Grace. Grace wants Kay to move back in and stay in school. All Kay wants is for Miguel to marry her. Miguel has denied being the father and has asked for a DNA test. Kay has said no but Miguel has gotten a court order. Charity is trying to be supportive of her cousin, but it is hard when said cousin is pushing everyone away and only wanting one person. Even Sam is pushed to the side. Kay is getting upset and worried. She knows that once the DNA test is done she is screwed. Miguel isn't the father of Maria. She doesn't even know who is, but she knows it is not Miguel. The test was scheduled for two weeks' time.

Sam was also having trouble with Grace. A man came to stay at the Bed and Breakfast. HE immediately as his wife. David Hastings, a photographer, claims to be married to Grace and that they have a son named Jon. He produced the paperwork and everything that states the Grace Standish and David Hastings are married both legally and in the church.

It is in the morning two weeks before the hearing and DNA test. Sam walks into the kitchen and Grace is there. "We have to talk" she says. "What about" asks Sam. "I am leaving with David. It is the right thing Sam. We don't have a marriage anymore anyways." says Grace. "Okay, leave" says Sam. "I want Jessica to stay here" says Grace. Not looking at her, but out at the backyard, "Fine." he says. "I will be out by tomorrow, we will leave that night. I'm sorry Sam, I wish things were different" says Grace, then she leaves.

Sam finishes his coffee and goes to find Jessica. He tells her that her mother is leaving with her first husband and wants her to stay with him. Jessica is upset and goes to her room. Sam gives her some space and leaves to go to work. He hollers up and tells her that when he gets home that he wants to talk to her some more.


While out getting Ethan Martin's medicine, Theresa runs into Sam. She sees how upset he looks and they talk. He tells her about Grace leaving and everything. She listens and offers to talk to Jessica. Maybe even offer her a job as Theresa's assistant. Theresa has taken a job designing for Crane Industries. Alistair opened Crane Couture and Theresa is in charge of it.

Sam thanks her for listening and the job offer. He says he will tell Jessica about when he gets home tonight. He also offers to return the favor if she ever needs an ear. They part ways. Sam to the station, and Theresa to home.


The two weeks have passed and now it is time for the hearing. Both sides gather at the courthouse. Ethan Martin is at home because he is still not feeling well. Rebecca and Ivy try to break down Theresa's confidence. They were rattled when she walked in with Jacob Westley instead of Woody Strumper. Even Ethan was worried that the hearing was going to go Theresa's way. The courtroom was called to order and the judge came in. Everyone was seated and told the rules. Since Julian had filed the suit, his side could go first.

"Your honor, my client will prove that he is the best option available for the care of his son. Ms. Lopez-FitzGerald is an unfit mother. There are the reports from CPS and the fact Ms. Lopez-FitzGerald has no jo…" As he said this there was an objection. Mr. Westley said that the CPS reports were false, and he had proof and as for the job his client has had a job for the past six months, as head of Crane Couture. The judge accepted the evidence ordered Ethan to move on.

"She is unstable, she followed me and my wife causing my wife to lose our child" then there was another objection and Westley offered security footage from the Crane Apartments as proof of what happened that night. Again, the judge ordered Ethan to move on. He had nothing more to say.

Now is was Westley's turn, he stood and said "Your honor, my client is a great mother. She is just trying to take care of her son. As you can see, Mr. and Mrs. Crane have lied to not only the courts but to CPS on the welfare of this child. The only danger the child is in is when he is in the custody of his father" here Ethan tried to object but was overruled, "As I was saying, his father and stepmother play sex games in the open and ignore the child. Please your honor do what is right for the child." Then Westley was seated. Then the Judge asked both sides questions and then retired to decide. It was only fifteen minutes until the judge made her decision.

Coming back into the courtroom, the judge gave her ruling, "I have thought long and hard about this. Gone over all the evidence and come to only one conclusion. I find that it is in the best interest of the child for full custody to go to the child's mother, Ms. Lopez-FitzGerald. I hereby deny all visitation rights for the father Julian Crane. So, Order." She bangs her gavel and dismisses the courtroom.

"You, horrible little slut" screams Rebecca and Ivy. Gwen is devastated, she lost her son and now her only option is surrogacy. Ethan was both relieved and sadden. Theresa got to keep her child, but Gwen lost another chance at being a mother.

Theresa and her attorney ignored the group and left the courtroom. Theresa was relieved. She got to keep her son. She had him, a job, and a house to live in. She had given up on Ethan over a year ago, now she focused on taking care of her family and the rest will work itself out.


It had been a week since Theresa won custody. Sam has continued to seek out Theresa for talks. He started to look forward to these times. True to her word, Theresa talked to Jessica. She and Jessica now talk almost daily. Jessica also works part-time for Theresa as her assistant.

Kay and Miguel had the DNA test done. It was as Kay feared, Miguel was proven to not be Maria's father. Kay was devastated, but Miguel was furious at his childhood friend. She had tried to force him to marry her by claim the child was his. This also almost destroyed his relationship with Charity. Charity was furious as well. How could Kay do this, was the thought that kept running through her mind. But, Kay was stubborn and refused to admit that Miguel wasn't the father. Soon Miguel and Charity planned on leaving Harmony together to start anew.