Disclaimer: All sexual activity described in this story is between fictional characters over the age of 18.
~~~~~
The first time my relationship with my sister Annie changed was after our dad died. Her mom had died a decade before, so she was now an orphan. As Annie was 16, the court was requiring that she have a guardian until she was 18. In the meantime, she was stuck in foster care. She'd even needed the foster family's permission to attend the joint birthday party my mom threw for my 20th birthday and Annie's 17th. At Annie's request, I agreed to try to become her guardian, although I was in college in Boulder, Colorado at the time and lived with my mother otherwise. I was only 20, but I was Annie's only blood relative closer than some 2nd cousins on Dad's side.
I was sitting in the courtroom, as nervous as I'd ever been, wearing a new suit that was a bit too warm for the July weather. My lawyer, Jacob Gooley, was sitting beside me.
The bailiff intoned, "All rise! This session of the Marin County Family Court is now in session, the honorable Maxine Jorgenson presiding."
I stood as requested, wiping my sweaty hands across my suit pants.
"You may be seated," the judge said. "In the matter of the application of Tyler Campbell to become the guardian for his minor half-sister Anne Campbell, I am unable to approve the application."
I heard Annie start to softly cry behind me.
The judge continued, "Mister Campbell, I have only one objection to your application. You are a student at an out of state university, with two years remaining to complete your degree, yet you indicate that it is your intention that your sister live in your father's home while she attends her senior year of high school here in San Rafael, by which time she will be 18 and no longer legally needing a guardian. That very lack of supervision was the reason I denied her petition to become an emancipated minor five months ago. She needs adult supervision that you cannot provide
from Colorado
. If you can arrange a transfer to a local college and agree to live with your sister, I would reconsider my decision. Until then, your application is denied and your sister remains with the foster family she was assigned after your father's death."
My mom surprised me, although I should have expected it, when she stood and said, "Your honor, may I speak?"
"You are?" Judge Jorgenson asked.
"My name is Shelby Campbell, your honor. I'm Tyler's mother. I was the late John Campbell's first wife, before Annie was born to his second wife, Maria. While that doesn't technically make me Annie's stepmother, I have often thought of her as my stepdaughter, especially after her own mother died when she was six. John frequently turned to me for babysitting, since it meant Annie and Tyler got to spend more time together, including during week-long business trips he needed to make, roughly once each month, usually arranged when Tyler was already going to be in my custody. It was during one of those trips that John died. Annie has had her own bedroom in my home for the last ten years and it was there that I delivered the bad news to her. I should have offered to be her guardian at that very moment, only I hesitated due to the lack of a blood relationship. I wish to make that offer now, in combination with my son. If you would approve his application to be the guardian of Anne's estate, I would happily be her custodial guardian until she is 18, next March."
The judge responded, "Mrs. Campbell, I appreciate your willingness to assist your son and his sister, but as you have admitted, you are not Anne's family."
"Yes, she is!" protested Annie, jumping to her feet. I turned to look at her, afraid that her outburst would hurt Mom's chances to intercede. This was out of character for her, she was usually quieter and reserved. She'd changed a lot in the nine months since Dad died.
"Be quiet, Miss Campbell," warned the judge.
"I absolutely consider Aunt Shelby to be part of my family, regardless of biology or marriage." Annie countered. "You've just heard her say the same."
"She is not your aunt, either," said the judge, beginning to sound irritated.
Annie said, "It's the name I grew up calling her, Judge Jorgenson. It wasn't until my 10th birthday party that I learned, from her parents, that it was an honorary title and why she also wasn't technically my stepmother. Fifteen minutes later, as I blew out my birthday candles, I wished my dad would remarry Shelby, so that the four of us could live together as one family, instead of in two homes across town from each other. I made the same wish the next two birthdays, too. I wanted Shelby to be my mom, your honor, and have always considered her house to be my second home. I would like it to be my first home, now. If my dad
had
remarried her, would your opinion of her guardianship request be different?"
"Certainly. She would have been your step-mother, legally," the judge said.
Annie asked, "So, because Shelby married my dad
before
he married my mom, instead of after, she's not my family, no matter what our hearts feel? But a pair of total strangers are preferable in the eyes of the court? The Josts are nice people, but they're not my family, to any degree. Shelby and Tyler
are
my family, regardless of legal relationship. Tyler is my big brother, not just my half-brother. As many as three weeks out of four, he and I lived together, with the third week at Shelby's house when my dad traveled. She helped raise me, just like a step-mom would, the only mom I really remember. Shelby and I are mother and daughter in our hearts, your honor, which I think matters a great deal more than any legalities. Please approve her petition and let me move into her home, my home, rather than my father's house." The tear that rolled down her cheek as she finished put an emotional exclamation point on what she had said.
The judge sat for two minutes, considering it, before saying, "Alright. Presuming the completion and formal approval of an amended guardianship application, I am ordering that Miss Anne Campbell be released from the foster care system and be allowed to move into the home of Mrs. Shelby Campbell and her son Tyler Campbell, with Mrs. Campbell to take responsibility for Miss Campbell's behavior until she turns 18. Mister Gooley, have that amended application on my clerk's desk by noontime tomorrow. Bailiff, call the next case."
"Thank you, your honor," I said, thrilled with the outcome. Annie could come home.
Annie was already hugging Mom tight before I even got up from the table, shook Mr. Gooley's hand and joined them. My lawyer hadn't had to say anything. I almost wished I had only needed to pay him by the word. "Let's go home," I said, steering the two of them into the aisle and out of the courtroom.
As executor of her estate, I had the responsibility to safeguard Annie's finances, while Mom took charge of the day-to-day oversight of her, not that she was an irresponsible kid. It took some balancing to be both her substitute parent and her brother at the same time. Especially when she needed to ask me for access to her own money that she'd inherited from Dad. But we made it work, happy that we could spend more time together until I returned to school and dealing with the few issues that came up while I was at school.
~~~~~
Of course, the second time our relationship changed was when those guardianships mostly expired, on her 18th birthday, back in March, which coincided with Spring Break. We were back to being just brother and sister, now that she was legally an adult. Mom retained her right to list Annie as a dependent for purposes of taxes and health insurance, but Annie was now free to leave, if she wished. She didn't.
We held Annie's birthday party separately from mine, because hers was the bigger milestone. The 'we' consisted of a small group consisting of Mom, Annie's friends Marissa Gutierrez and Wendy Sharp, Annie's latest boyfriend Glen Colby, and me. I was home on Spring Break, having celebrated my 21st birthday with the Smith side of the family the weekend before. They did not consider Annie family like my Mom did, in part because of bad blood between them and my Dad over the divorce. Mom and Dad used to throw us joint birthday parties just to get them there to sing Happy Birthday to both of us. If our birthdays hadn't been 3 days apart, I doubt they would have come for any of Annie's parties. I couldn't quite comprehend not wanting to love her.
I hugged her, then said, "Happy Birthday, sis. What's next, now that you're free of the court order to live here?"
Annie answered, "I've decided I don't want to move into Dad's house now that I'm 18, after all. I would rather keep living here through college and Mom agreed to let me. So, either we sell Dad's house, rent it out, then you can move into it after you graduate next year, or we keep renting it out until I graduate instead. Once we know which of us is ultimately going to live there, we can work out buy-out terms from each other. Or just keep using it as an income property."
I said, "If we sell it before we're ready to buy our own houses, we'll have to pay capital gain taxes on any appreciation since Dad's death. Renting it out on a 1-year lease makes more sense to me. We'll see where I wind up finding work, before I decide on living there or not. So, 'Mom,' huh? Not 'Aunt Shelby' any more?"
Annie blushed, saying, "I finally worked up the courage to ask if I could call her Mom after you went back to school in January. She cried, I cried, you would have made fun of us."
"Maybe," I admitted, grinning. "I was actually surprised you didn't just start doing it after court last summer. You declared pretty clearly that you thought of her as your Mom."
Annie leaned close and whispered, "Saying that I wanted her to be my mom or step-mom to the judge isn't the same as actually calling her that, Ty. Honestly, I was afraid to, when I first moved in full-time. It still felt tenuous and temporary, like she could change her mind if I did something wrong and I'd be right back with the Josts. But the more time we spent together with you away in Boulder, the more I wanted what was in my heart to be what I called her. It came naturally, once I started."