A second custody hearing in less than a year was held November 5-6, 2009.  Patty's attorney had filed a motion with the Florida Supreme Court to have Judge Hartert removed from the case; it was denied.  Dad and Keith flew back for another few days on the dreaded hot seat.  Since extended family members were on the list of possible witnesses they were not allowed in the courtroom.  Dad had hoped to attend the hearing, take notes and relay progress back to the family in Utah.  Instead, he sat outside the courtroom on a hard bench for two days--often exchanging glances with the Jenkins family who were also waiting to testify.  Keith offered testimony for most of the first day.  Patty's attorney attacked almost everyone who had anything to do with Steven.  She claimed bias on the part of Gloria Winston--the previous G.A.L. who was now Steven's attorney.  She attacked teachers, school districts, doctors, psychiatrists, family members, Tess and her staff at the Visitation Center, and any other person who could testify to the fact that Steven was doing well in Utah.  Keith's attorney counseled him to ignore the accusations and focus solely on Steven's progress over the last year.
     And Steven's progress has been tremendous.  He arrived in Utah with approximately five medications--what he called his "happy pills."    Steven no longer takes any medication.  When first tested at his school, even though he was in the fourth grade, he was barely reading at a second grade level.  Having spent most of his time in Florida in resource room, his penmanship, spelling, and language skills were atrocious.  Keith and Beth have put tremendous effort into making sure that this boy has caught up with the other kids his own age.  Testing was done before this custody hearing with amazing results.  Steven's reading level is 4.8--exactly where is should be.  Some of his reading levels were into the 7th grade level.  He loves math and science and is doing well (grade level) in those classes.  He still struggles a bit with spelling but the whole family works on it nightly.  He's happy, has made new friends, loves scouts, and enjoys having an association with sisters.  
     That being said, there are times we know that Steven would prefer to be in Florida.  He misses his mother, his dog, (not sure in what order) and extended family.  But he also admits that he is better off with his dad.  "Dad doesn't ask me to lie."  Steven had an extensive conversation with his attorney Ms.Winston in which he expressed a desire to stay with dad.  But . . .when Steven is with his mother--he tells his attorney he wants to stay with her. 
     As time was running short on the second day it appeared that the hearing would have to be continued at a later date meaning one more expensive trip to Florida with questionable results!   At the last minute the judge said, "Let's get it done today!"  They stayed late into the evening to finish testimony. Steven’s Aunt Renee testified to the fact the Steven was “backwards and clumsy” and that he was just starting to “blossom” (after nine years) when he was ripped from their family.  These statements outraged Keith but made it clear how this family perceives this young boy. As previously stated Patty's game plan has always been--divide and conquer.  Everyone is wise to this strategy and has adjusted their behavior accordingly.  Everyone except . . . you guessed it--Mom and Dad Jenkins.  Their testimony made it very clear that they were getting their only information from Patty.  While seeming to corroborate Patty’s testimony they actually proved she is still lying.

Example:

Patty claims that she cannot get emails.  There are two reasons for this claim.  1)  It denies her personal access to Keith--she has to communicate through the internet rather than over the phone.  2)  It leaves tangible evidence of what was actually said—she can’t tell her lies since there is a paper trail of actual communications.  She hates this.  So she tells her attorney and everyone involved that she cannot get emails; therefore she needs access to Keith.  However, her parents have no idea she’s telling the court she can’t get emails.  So when the Jenkins are on the witness stand they’re questioned repeatedly about the emails they send to each other, etc.  The entire family testifies that they email each other regularly.  Naturally, they’re confused as to why this is a big issue—after all—“it’s only forwards and stuff like that.”  Thus they unintentionally expose the lie.  One lie after another was discovered—Judge Hartert himself pointing out several discrepancies in Patty’s claims and testimony.

By the end of the hearing Judge Hartert said there would be no more testimony allowed and that each attorney should submit their closing arguments in writing by the end of January.  He would accept no more than three pages (he even declared font size and format).  Patty’s attorney said she couldn’t possibly do it in less than 20 pages.  The judge grumbled, “You’ve got THREE.”  He declared that he had to research some technical legal matters and that his ruling would be made in February 2010.  Of course we were hoping for a quick ruling but we appreciate the fact that this judge is being very careful.  He’s doing his homework in every way—which means there is less likelihood of a reversal upon appeal.  So we wait.  In the meantime, Steven is still with Keith and Beth, has no idea another hearing even took place, and gets to spend Christmas with Mom in Florida.  No doubt he will come back damaged—AGAIN!