Imagine: The List
Fic posted by members of Vo's Imaginings YahooGroup


Dean was unsurprised to find Sam standing in front of the glass windows of the NICU, staring at the incubator holding the newest Winchester. Dean was relieved that Sam was at least in his suite, ready for the funeral. They had only been back in Palo Alto for three days; they’d waited until the hospital thought Mary could make the trip without much risk. She’d been sent on a medical flight with Sam beside her. Jessica’s body had already been sent on ahead and Dean and John had made the drive so they didn’t leave their cars behind. Mary was now in the NICU of the Lucile Packard Children’s Hospital and they all visited her every day. The doctors were hopeful that she would be able to be released in about a month, she was gaining weight and breathing unaided. Once she got the whole sucking thing down they’d be able to bottle feed her and she’d be closer to getting released. Dean had moved into Sam’s apartment with him, he’d be helping Sam with Mary when she came home so that Sam could continue law school. John was…..surprisingly involved. He’d stuck around so far, even done some baby shopping which had amused both brothers. He was waiting for them at the grave site, watching Sam’s in-laws.

“Ready to go?” Dean asked gently as he joined Sam at the window, not surprised that Sam shook his head.
“Sam I….she seemed like a really great girl and I know you loved her. I wish she hadn’t died, you need her and so does your little girl. But she’s gone Sammy, you need to keep it together for Mary, she needs her Daddy. So we got to the funeral and then get you settled back into classes so you can become a great lawyer and by my niece anything she needs.” Dean ordered and Sam sighed but nodded, forcing himself away from the window. Dean stayed close as they left the hospital. Sam huddled in the passenger seat as Dean drove them to the cemetery. They were holding a small, graveside service for family only because of what had happened.

Dean and John each took one side of Sam during the service, making sure he stayed standing. Silent tears were running down his face the whole time but he didn’t make a sound. After the service Jessica’s parents approached and Sam seemed to shrink into himself.

“You married her?” Mr. Moore demanded and Sam nodded.

“The last thing she….we wanted it, the hospital chaplain performed the ceremony.” Sam answered quietly.

“It doesn’t change anything; we’ll be taking our granddaughter home with us.” That threat made Sam pale and Dean tense up.

“Good luck. Sam is her father and well on the way to a great career, there’s no reason for any court to give Mary to you.” John shot back as calmly as he could. This made him almost happy that Mary’s parents had died before Mary; he hadn’t had to fight anyone for custody of his boys.

“It’s his fault our daughter is dead.” Mrs. Moore yelled and Sam flinched.

“He made the van hit them did he? I understand you’re upset but this is not the time or place for this. As for wanting Mary, you haven’t even been to the hospital to see her. The nurses keep records of those things.” Dean answered, putting himself between Sam and the Moore’s.

“Mary is my daughter and she’s staying with me. You can see her if you want, you’re her grandparents after all.” Sam told them firmly and they left.

“How did Jess end up so great with parents like that?” Dean asked as Sam turned back to the new grave.

“They never thought I was good enough for her.” Sam admitted softly.
“Jess didn’t care, told them she loved me and that was all that mattered.” Sam knelt and put the rose he’d been holding down on the grave.

“Come on, let’s get out of these monkey suites and go see the niece.” Dean whispered and Sam nodded, following him back to the Impala.

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Sam held his daughter, smiling as she greedily sucked on her bottle. He looked up and smiled at Dean through the glass, not that Dean could see it since Sam was wearing a mask. Dean waved at him and then at his niece. Sam laughed softly, shifting Mary around to burp her. He was getting the hang of things and the nurse had told him Mary could go him in another month, they were moving her to the normal nursery the next day. He was very glad he had Dean since he had several big assignments due then. Mary sniffled and Sam rocked her, giving the bottle back. She settled down and went back to eating happily. The nurse checked on him and smiled, going back to watching over the other babies. When Mary had finished the bottle he burped her again and then walked her over to the window so Dean could look at her closer. Sam was the only one allowed in and he had to be fully gowned so he didn’t make any of the babies sick or something. It was a pain but worth it to get to hold Mary. After tomorrow he could ditch the gown and Dean and Dad would finally get to hold her. The nurse looked at him and he nodded, gently placing Mary back in her incubator, gently touching her soft brown curls before leaving, Dean helping him out of the gown while Sam yanked his mask off. They stayed, watching her for several hours through the glass before Dean dragged him back to the apartment.

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Dean and Sam shared amused smiles at the awed look John was giving his granddaughter as he held her for the first time. Tiny fists waved in the air and John gave her his finger, smiling as her fingers wrapped around his. Mary yawned and John started to rock her gently until she fell asleep.

“She’s beautiful Sam.” John whispered and Sam smiled, nodding in agreement. Dean eventually began making rather obvious hints and John reluctantly handed her over to her beaming uncle. Dean grinned as he took her, holding her carefully as he whispered to her. Mary gurgled and waved her fists since she’d woken up when John had handed her over. Dean smiled as he ran a hand over the soft brown curls, taking in the blue eyes she’d obviously inherited from Jessica. She was a beautiful baby girl and Dean knew she was the only reason Sam hadn’t totally fallen into depression with Jess’ death. Sam was living for Mary now, just like in a lot of ways Dean lived for Sam.

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“No!” Sam’s scream woke Mary up and had both Dean and John running to the table where he’d been sorting mail.

“Sam?” Dean demanded, gun out.

“They’re trying to take Mary.” Sam choked, holding out the official letter. Dean read it, swore and handed it to John before bolting to the nursery, he was the best at settling Mary down. John read the letter and sat down beside his youngest.

“Sam?” He called softly and Sam stared at him with tear filled eyes.
“Oh Sam, it’ll be okay son. There’s no reason for a judge to take her form you. Mary is healthy, happy and well cared for. We both know Dean’s going to be staying with you to look after her while you’re in class. Once you graduate you’ll find a job and law paws pretty well right?” He asked and Sam nodded.
“So you’ll be able to pay for whatever she needs. I…I know we had that big fight, said things we shouldn’t have. I’m sorry Sam. For now on if you need anything you call, okay?” John asked and Sam gave him a shaky nod, smiling slightly. Dean came back out, the nursery nice and quiet so he’d managed to get Mary back to sleep thankfully.

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Sam refused to let himself look at his in-laws at the table across the aisle; instead he focused on listening to Dean coo at Mary in the row behind him. He kept his eyes on the judge, an older woman, seated at her table. As the last people filed in and she banged her gavel, calling the hearing to order. Sam smiled slightly as he felt his Dad briefly squeeze his shoulder form behind him.

“Custody hearing Moore vs Winchester. I’ve read the reports and frankly see no reason why my times being waisted so lets make this short. Mr Jameson please?” The judge called and Sam felt a flash of amusement at her no nonsense manner.

“Thank you your honour. My clients are asking that they be granted full custody of the child, their granddaughter, on the grounds that Mr. Samuel Winchester is an unfit guardian and that paternity has not been proven.” The lawyer answered and Sam’s eyes widened in shock.

“Mr. Matthews?” The judge called.

“Your honour. My client was the mother’s husband when she died, her fiancée for nearly a year before that. He is Mary Winchester’s father and a fit guardian with family around to help if he needs it.” Sam’s lawyer answered calmly.

“Okay, let’s take the first witness.” The judge said and Sam relaxed a bit as he saw one of Mary’s nurses take the stand. He listened as she told how Sam had been at the hospital every day along with Dean with John coming a lot. How she’d never seen the Moore’s before and their names had never been signed onto the visitors log once Mary had been moved out of NICU. Mary’s doctor was up next with the paternity test results John had apparently asked him for after the funeral and the confrontation there. Several of Sam and Jess’ friends were called, all agreeing that they had been in love and completely faithful to each other. Dean handed Mary to her grandfather when he got called up and explained that yes he had moved in with Sam so that his baby brother could still attend classes. When asked Dean said he thought it was very reasonable since Sam’s studies would get him a good job and that Sam spent all his time after classes with Mary, doing his class work when she was sleeping. The Moore’s case was completely demolished over the course two hours and the judge did not look impressed.

“Like I thought, this was a complete waste of time. I rule that custody of Mary Winchester will remain with her biological father. Do not waste the courts time again with such nonsense. If you were so interested in your granddaughter you would have gone to see her in the hospital. Case dismissed.” She banged her gavel again and Sam slumped in his seat, smiling tiredly at Dean as his brother handed over Mary. Sam held her close, rocking her gently. He looked up at someone clearing their throat to find the judge standing nearby.
“She’s a beautiful baby Mr. Winchester, take good care of her and my condolences on your loss.”

“Thank you your honour.”

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“Got a hunt?” John looked up from his packing to smile at his son and granddaughter.

“Yeah, Caleb called for help. Looks like a multiple spirit problem, shouldn’t take too long.” John explained as he took his granddaughter to hug goodbye.
“You three will be okay.”

“Yes Dad. Say hi to Caleb for me. Gonna show off the baby pictures?” Sam teased and John laughed as he took his bags out to his truck.

“I will, be back soon.”

“Wave goodbye to Grandpa, Mary.” Sam whispered, holding her hand up to wave. John waved and then nodded at Dean as he parked.

“What’s going on?” His eldest asked as he got out, moving to join Sam and Mary.

“Caleb called needing help; I’ll be back in a few days.” John answered and Dean nodded.

“Be careful.” Dean called and John got in the truck, driving away.

TBC…
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