Season 5 Episode 17

Olivia's Choice First Aired: 10/Apr/2011

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Kevin: Is it a Ferris wheel? Olivia: No, how could I fit a Ferris wheel through the door? Scotty: Well, you said it was something we'd really like. Olivia: I also said it was something that I can fit into my backpack. Scotty: Oh, my God. You got us front-row tickets to Coldplay at Caesars Palace in Vegas? Kevin & Scotty: Ohhhh! Olivia: No, no, no, no. You're never gonna guess, so you might as well just open your eyes. Kevin: You got an 87 on your spelling quiz?! Olivia, that is fantastic! Scotty: Practically. Kevin: What do you mean, practically? She's only been reading ten weeks. Scotty: No, she spelled "practically." You spelled "practically." Kevin: And "realistic." I'm so excited, I could burst into a million pieces! Olivia: You guys are so immature. Scotty: You know what? This calls for breaking all the rules. How about a before-dinner raspberry cream gelato? Kevin: Ohhhhhhhhhhhh! Scotty: Or is that too immature? Olivia: Very funny. Scotty: Come on. Let's get some. Olivia: Okay. Kevin: Sarah, O. aced her spelling quiz. She even got "beginning" right, and you know how tricky that gets right around the double "n"? Sarah: I'm... I'm at Kitty's, and I'm worried about her. You should see this place. It's a mess. And she's doing all the things that she does when she's depressed. Kevin: She's sitting around watching reruns of "L.A. law"? Sarah: No, worse. "Full house." Kevin: Ooh. Well, if your bone marrow had just recovered after rejecting itself, don't you think you'd hunker down to get your strength back? Sarah: No wonder she's glum. She's living on quinoa and wheat berries. Not even any wine in the house. Kevin: Hang on. That's Scotty's phone. Oh, it's mom calling for Scotty. Mom, Olivia got an 87 in her spelling quiz. Nora: Oh, my gosh. That's wonderful. What? Look, when she comes over today, I'm gonna give her a special treat. Kevin: Slow down. She already got a gelato out of Scotty. Nora: Well, that's actually who I'm calling... Sarah: Maybe I should take her out to the farmers' market... Nora: Lily needs to have lamb kidneys once a week. Sarah: Or roast duckling. It's her favorite, and if you cook it right, you can get some of the fat out. Nora: If he knew of butcher that specializes in obscure internal organs. Kevin: Why are you indulging the spoiled bitch? Give her a bowl of kibble. Sarah: Kevin! I can't believe you just said that. I-I'm sorry that I called. Kevin: No, no, no, Sarah, I was talking to... ugh. Nora: So, you know... Oh, my gosh. Oh, gosh. I... you know what? I don't know where she is. I swear to goodness, if she's chewing on my turkish rug again, I'm gonna sell her for glue. I gotta go. I don't know what she's doing. Okay, bye. Kevin: Olivia, thank the lord you don't have any actual Walker blood running through your veins. Brian: Hello, Olivia. Liv, don't you recognize me? Olivia: Brian? Brian: Yeah, it's me. I'm back. Olivia: Oh, my God. I can't believe you're here. Scotty: Olivia? Olivia: Kevin, Scotty, this is... Brian, my brother. I haven't seen him since I was... Brian: Since you were five. Kevin: Hi. I'm Kevin Walker. Scotty: Hi, Scotty Wandell. Brian: Brian Garcia. Good to meet you. Olivia: Where have you been? Brian: A lot of places. I ended up in the war in Afghanistan. As soon as I got back, I started looking for you. Olivia: I have so much to tell you. Can I show him my room? Or maybe we can take him to grandma Nora's later. Tuesday's always grandma Nora day. Brian: Actually, I have to get to work. I just came by to give you my number. Call me, okay? And I'll see you again soon. Olivia: I'll call you tonight. I promise. Brian: Good to meet you guys. Kevin & Scotty: Yeah. Kevin: Um... I'm gonna go talk to him. Scotty: Hi, wow. Kevin: Uh, Brian? Look, obviously we're really happy that Olivia's found a member of her family, but, um... Have you spoken with children's services? Do they know you're making contact with Olivia? Brian: Not yet. Kevin: Right. Brian: I wanted to see if she'd be happy to see me before I told them I want her to live with me. Kevin: T... I'm sorry, to live with you? Brian: Mm-hmm. Kevin: Brian, it's great that you'll be a part of Olivia's life, but we've adopted her. She's our daughter. Brian: Wow. That's... that's taking charity all the way. Kevin: Charity? Brian: I can't tell you how grateful I am to you guys for taking care of her. But she'll be fine now, because I'm back and I'm filing to be her guardian so we can be a family again. Kevin: You told us this was a done deal! Jill: I told you that we had one more court date before finalizing the adoption. Kevin: Yes, which you said was a formality. I believe "celebration" was your exact word. Scotty: You said Olivia's brother was completely out of the picture, that you've been looking for him for three years. Jill: Please understand. When a child ages out of the system, the department does not keep any more records. With the different last names and the very limited resources, it fell through the cracks. And for that, I am truly, truly sorry. Scotty: You're sorry? We're gonna lose her, and you're sorry? Kevin: If this guy cares so much about his little sister, where has he been all these years? Jill: In the army. Kevin: In the a... what, they don't have phones in the army? Jill: Look, normally this case would take six to eight weeks to be heard, but we messed up. I understand, and we don't want to put you or Olivia through any more than we have to. I've called Judge Forrest and asked her to make room in her schedule for tomorrow. If you'd like to have the case seen then, we can... Kevin: Yes, absolutely. I don't want this hanging over Olivia for six to eight weeks. Scotty: Is she going to have to testify? Jill: Well, we try not to put the child in that position. However, the court will give weight to what she has to say, especially a child as old as 9. Kevin: So who talks to her? Jill: I will, and if she has something she'd like to share, I'll let you know. Kevin: She's at Nora's right now. We thought it'd be better if she stayed there until this was over. Jill: I'll give her a call there. Scotty: What are our chances? Jill: Well, um... It's entirely up to the judge. It's very subjective, so she'll decide what she believes is in the best interest of the child. Kevin: We're in the best interest of the child. We're not gonna lose her. Jill: All right. Look, I'm gonna get back to the office. I will give Judge Forrest a call and let her know to fit you in tomorrow, and if you need anything, just call. Scotty: Thank you. Jill: Good luck. Kevin: Thank you. Scotty: We're doing the right thing, right... Fighting this? Kevin: What do you mean? Scotty: I mean, he's her brother. Kevin: Yeah, he's her brother, and we're her fathers. Olivia: Why couldn't he have come before, before I met Kevin and Scotty? Why is everything so messed up? Nora: Olivia, um, were you close with your brother, Olivia? Olivia: I don't remember much. Well, he went to Afghanistan, like you, Uncle Justin. Does that make him a hero? Justin: Uh, yeah. Yeah, absolutely. Nora: Olivia, are you thinking that maybe you'd like to live with your brother? Justin: Mom. Nora: Oh, I-if you feel that way, honestly, you can tell us. Olivia: I don't know. How could I do that to Kevin and Scotty? Nora: Sweetheart, listen... Kevin and Scotty love you. They... they want what's best for you. Olivia: And then there's Brian. He's my brother. I don't wanna hurt him, either. What difference does it make what I think anyway? Nora: Well, it makes a difference. It makes a big difference. That's why Jill talked to you about it. What you think and feel makes a difference. Everyone wants to know what you have to say. Olivia: I already told Jill, I don't know what I want to say. Nora: Would you like to invite your brother over today... Justin: Mom. Nora: So that you two could get to know each other a little better? Olivia: Yeah. Maybe it would help. Nora: All right. Okay. Then that's what we'll do, right after we finish this. Kevin: You invited her brother to your house? Nora: Well, actually, Olivia invited him. Justin: It's because you decided to tell her it was all up to her, mom. Nora: She should have a voice in this. Right now, she's confused. She doesn't know what to think. Kevin: Mom, you have to cancel this. You should not have put the burden to decide on her. Nora: But she's already burdened, Kevin. She feels, no matter what happens, somebody's gonna be hurt, and it's gonna be her fault. Scotty: Which is exactly why it shouldn't be her decision. Kevin: And what if she decides for the wrong reasons... Out of guilt or just because he's her brother? Justin: Mom, not everybody who goes to Afghanistan is a hero. All right? Trust me. We had our fair share of dirtbags. Kevin: You know what, mom? Please stay out of this. Don't you have a lost dog to find? Nora: Yes, Kevin, I have a lost dog to find. And don't change the subject. Look, whether Olivia's brother is a... is a hero or a dirtbag is irrelevant. She has a right to know him. Scotty: What can she possibly learn about him in half an hour? This isn't speed dating. Kevin: She has been kicked around like a lost dog since she was 3 years old. We're offering her a home and safety for the first time in her life, and what, some 23-year-old kid's gonna drop from the sky and just take that way from her? Whose side are you on? Nora: I'm on Olivia's side, Kevin. This is her life. Kevin: Yeah. Nora: She has a right to participate in it. It's Kitty. Kevin: No! No. Don't talk to her about this. And don't tell Sarah either, 'cause she'll just tell her, and then they'll both flip out, and I have plenty of people flipping out right now. Nora: Where are you going? Kevin: I'm going to prep for this case. I hope I can take care of it without dragging Olivia through it. Kevin: Your honor, thank you for taking the time to hear us at such short notice in your chambers. I'm going to move that Mr. Garcia's motion of custody be dismissed. Mr. Wandell and I were one formality away from finalizing our adoption of Olivia. Both the court and the department of children's services had completely signed off on us, and their trust had proven well-founded. Since Olivia's been with us, she has come out of her shell, she's laughing, she's learned to read. She's in a safe, stable home in which she's thriving. We both believe, uh, that a change in custody at this time would be catastrophically disruptive to her. Thank you. Judge Forrest: These are all valid points, which I will want to hear more about. I would also like to hear Mr. Garcia's case. I'm going to deny your motion to dismiss and proceed with this hearing. Would counsel for Mr. Garcia like to begin? Brian's Lawyer: Yes. Thank you, Your Honor. We'll be presenting letters from Mr. Garcia's employer, his landlord, and his former commanding officer in the United States army. But first... Mm-hmm. My client has a statement he'd like to make, if that's all right. Judge Forrest: Of course. Mr. Garcia. Brian: Your Honor, I'm making this opening statement because I want to talk to you from my heart. I had some dark days in my teens, but the army got me together, and now I have a good job, and I know in my heart that I am ready to take care of Olivia now. Maybe Mr. Walker and Mr. Wandell have more money than I do, maybe they can buy Olivia nice things that I can't, but... The lifestyle they've chosen, that's not the values that I believe in and not the values I want my sister to be raised with. It's wrong for two men to be raising a child. Kevin: Uh, Your Honor, may I speak? Judge Forrest: Yes, Mr. Walker. Kevin: I'm sure Your Honor's aware, both state and federal statues prevent the court from making any custody decision based on religion, ethnicity, or lifestyle. Judge Forrest: Mr. Walker, I can assure you, I'm well-aware of those statutes. Continue, Mr. Garcia. Brian: I was almost done, Your Honor. I just wanted to say that I'm hoping you'll read what the people in my life have to say about me and let my sister come home.

Nora: Kevin, please call me back. Scotty told me what happened in court today. I'm... Ooh, I have to take this call. So, um, I love you. Call me back. Justin: Hey, mom. Nora: Hi, Brody. No, I'm fine. Lily's fine. Justin: Mom. Nora: You know, I can't talk right now. So, uh, call me back. Bye. Ugh. Justin: Ugh. Nora: I can't believe I haven't told him yet. Justin: God. What a day, huh? Nora: Yeah. Justin: What's all this? Brian's not still coming, is he? Nora: Yes. He'll be here in a few hours. Justin: What? Mom, after what he said in court? He's a bigot. Nora: Just because someone has different values than you, it does not disqualify him from being a parent. Justin: You don't give up, do you, mom? Nora: He is Olivia's brother. We should all get to know him. Justin: Okay, there are some people that you can't make peace with. Nora: We've had this conversation before, Justin. Justin: Yeah, we have, when you thought sanctions or some such crap would stop people from flying planes into buildings, mom! Nora: So if this turns out to be a war, then the collateral damage will be Olivia. Justin: Okay, fine. You know what? If he's coming, I'm talking to him man-to-man. Nora: No, you're not. Justin: Yes, I know how to get through to this type of guy, and if you can trust Olivia, you can trust me. Justin: Brian, right? Hey, I'm, uh, I'm Justin Walker. Come on in. Brian: Nice to meet you, Justin. Justin: Nice to meet you, too. Brian: Nice house. Justin: Oh, thanks. So I-I heard you, uh, you did a tour in Afghanistan. Brian: Yeah. Liv told me you were there, too. Justin: I was, I was. Brian: Where is she? Justin: Oh. Uh, she... she's upstairs. My, uh, my mom went to get her. Listen, I... I heard what you said to the judge. And, um, you know, who knows if... if my brother weren't gay, maybe I'd feel the same way, but... Brian: I really don't want to talk about that. Justin: Okay. Look, um... I know you haven't seen Olivia in a long time. But the truth is, when she came here, she was in pretty bad shape. So I was wondering if you'd like to take your time and... and maybe see how happy she is and... and how great Kevin and Scotty are with her. Brian: I appreciate all of that. But I'm her brother, her blood. Justin: Of course. And, you know, you'll be in her life forever. Brian: Generous of you to say so. Justin: Yeah, I-I didn't... I didn't mean it like that. Brian: This is about how I want my sister to be raised. I'm not the only person in the world who thinks what they're doing is wrong. Justin: So tell me something. Would you be doing this if Kevin and Scotty weren't gay? Brian: I told you, I don't want to talk about it. Justin: I'll get Olivia. Olivia: So what ever happened to Aunt Gloria? Brian: I don't know. We kind of lost touch a long time ago. Nora: Great. You found everything. But let me get this. Brian: This looks great. Thanks. Nora: Sure. Olivia: Brian... Nora: Olivia, look, go ahead. Talk to him. He's your brother. You can ask him anything. Olivia: If I were to live with you, I would still be able to visit Kevin and Scotty, right? I mean, I could still go over to their house and do my homework in the caffee, couldn't I? Brian: Kevin and Scotty have been... very nice foster parents. But you and I are going to be a family now. Olivia: Grandma Nora, I need you to give me a ride. Nora: Where to? Olivia: To the group home. Nora: Oh, Olivia. No. Olivia: I hate that everyone's fighting over me. Did you hear that? Nora: What? Lily! Lily! Hi! Oh, Lily. Oh, my goodness. I missed you so much. I was so worried, you big, stupid, inconsiderate piece of poop. Oh, goodness. Olivia: Who's that? Nora: I don't know. Olivia: So we don't know who she is? Nora: No. No... no collar, no tags, but hungry and stinks. After you finish eating, we're gonna do a nice long soak. Olivia: And what are we gonna do with her after the bath? Nora: Well, I don't know. I'll, um, I'll take down the dog lost fliers and put up dog found fliers. Olivia: What if nobody calls? Nora: Well, then I hope she's happy living in a place with a pool and some very tasty azaleas. Olivia: I need a ride. Nora: Honestly, honey, you don't have to go back to the group home. Olivia: Not to the home. Sarah: Excuse me. Kevin. Justin just told us. Why didn't you say anything? Kevin: Because I didn't want to put you through it, and they're making the decision now. Kitty: Oh, my God. Oh, my God. Sarah: I can't believe this. Kitty: Well, what... How long have you been out here? Kevin: Five or six hours. I don't know. Scotty: Kevin, they're ready. Kitty: Oh, no. Sarah: We'll... we'll come in with you. Kevin: No, no, you can't. It's parties involved only. Can you... Kitty: All right. Well, go, go, go, go. Good luck. Kevin: Thank you. Judge Forrest: I've heard compelling arguments on both sides of this very complicated matter. In reaching my decision, I've had to weigh the... Kevin: Olivia? Brian: Liv? Court Clark: Your Honor, this is the minor in the case and the defendant's mother. She insisted on seeing you right away. Judge Forrest: That's all right. They can come in. Nora: Thank you, Your Honor. Um, I'm Nora Walker, and this is Olivia, and she has something she wants to say if that's all right. Brian's Lawyer: Your Honor, if we're going to hear a rehearsed speech - coached by a member of Mr. Walker's family... Olivia: Nobody coached me. Judge Forrest: We'd like very much to hear what you have to tell us. May I ask you to address your remarks to the court? Olivia: I was happy when Brian came back, but I wasn't happy when he said that I couldn't see Kevin and Scotty and everybody if I went to live with him. I wish he could get it about the Walkers... They let everybody into their kitchen, even scruffy old dogs they've never even seen before. And if he let me be one of them, then he could be one of them, too. It's like, if Nora's my grandma, and he's my brother, then Nora's his grandma, too. And... I just hope he thinks about it. Judge Forrest: Thank you very much, Olivia. I am grateful we were able to hear from this very articulate young lady. This has been a difficult matter, and it is my great hope that the two parties will someday find common ground. I'm deciding against the petition and confirming the existing custody arrangement. Olivia: Brian... Nora: Brian. Do you always storm off like this when things don't go your way? Brian: You guys all got to her. I didn't have a chance. Nora: No one got to her. That was Olivia speaking from her heart. Didn't you see her face, how hard it was on her? Look, as I see it, you've got two choices. You can either storm off into the sunset or you can be the big brother she thinks you are and come through for her. Think about it. But don't think too long. When you're 9 years old, a day is forever. ♪ Will You Catch Me Then ♪ by Garrison Starr ♪ Listen Olivia: He's not coming, is he? Scotty: He might. It's not so late. Kevin: Even if he doesn't come tonight, he'll come around someday. Olivia: What if he still doesn't? Scotty: We'll call him and we'll invite him over again. Kevin: We'll just keep trying. I promise. He's... he's your brother, no matter what. Scotty: Right now he's angry and he's upset. But I know that he loves you. Kevin: We're so proud of you, O. You were amazingly brave today. Olivia: I'm not that hungry. I think I'm gonna go to bed. Scotty: Okay. Kevin: Look, why don't we all go up and read a story? Scotty: Yeah, we'll finish "Phantom Tollbooth." Kevin: Ooh. Brian: Olivia. Olivia: Brian. Brian: I hope it's okay that I came by. Scotty: Of course. Kevin: Of course it's okay. Scotty: Are you hungry? Brian: Actually, yeah. I am. Olivia: Scotty is the best cook ever.