Please be seated. -Hello, Your Honor. -Hello.
This is the case of Polzin v. Callender. Thank you, Jerome.
Good day, everyone. [audience] Good day. Ms.
Polzin, you've summoned Mr Callender to court in hopes of salvaging what is left of your relationship. You say he denies your daughter Zoey, but today, you intend to prove paternity, is that correct? Yes, Your Honor.
Mr Callender, you say you love Zoey and have created a bond with her, but Ms. Polzin has a cheating past, and that is why you are convinced you aren't Zoey father. -[Callender] Yes.
-Is that correct? That's correct, Your Honor. So, Ms.
Polzin, what is the current nature of your relationship with the defendant? Um, we've been on again, off again, Your Honor, and the end of most of our arguments is he likes to throw that in my face whether Zoey is his or not and Anthony knows that that's his daughter. I mean, without a doubt.
[Judge Lake] But, Mr Callender, you do question it. Yes, ma'am. It's like a dark cloud hovering over us.
Keeping us. . .
I think it's preventing us from moving forward. [audience murmurs] Just the uncertainty, not knowing 100% that I'm her father. [Judge Lake] Do you feel that dark cloud?
[Polzin] Yes, Your Honor, and it needs to come to a stop. [Judge Lake] Specifically, how is it effecting you and your relationship with Mr Callender? It keeps us in constant turmoil and constant fussing and fighting over it and I'm just ready for it to be clarified and for it to be done.
[Judge Lake] So, how did you meet? We originally met when we were younger and we had a relationship and we went our separate ways and we both got in long-term relationships, and my last long-term relationship, we were having hard times towards the end of it, it was about nine years, and he hit me up on Facebook, Mr. .
Mr Callender did. And we just started talking, rekindling our love again, and we started seeing each other again. Did you know she was in another relationship when you pursued her?
-I did, but she was. . .
-[audience murmuring] She was. . .
Said they were separated, living in different rooms, and she was in the process of moving her things out of the residence. So, you thought this relationship was pretty much over. Yes, that's correct, Your Honor.
Did you have to sneak around, though? -She would come see me on lunch breaks and. .
. -[audience murmurs] you know, as she got off work. You Honor, I was not trying to be disrespectful to a man that I've been with.
He knew it was over. We were both doing our own thing and I wasn't trying to flaunt my new relationship in front of him. So, you were sneaking around at lunchtime and after work.
-Right. -[audience laughs] Right. Pretty much.
So, you all started this relationship even though you weren't quite finished -with the last one. -Correct. How soon after you officially start getting into a relationship with Ms.
Polzin do you find out she's pregnant, Mr Callender? Uh, well, it was about a week after she had moved into her apartment after getting most of her things out of the residence. -A week?
-[audience gasps] Well, I was only having sexual contact with Mr Callender. We were, me and my ex, were living in separate rooms. We had a lot of assets together and we were living in separate rooms.
There was a lot of things to work out between that relationship. [Judge Lake] So, she finally gets out from this relationship with the ex and a week later she says to you, "I'm pregnant. " -[Callender] Exactly.
-What are you thinking when she says that, Mr Callender? I'm not at the residence with them while she's staying there, so I have no idea what they're doing. I can only go based on what she's telling me.
What she's telling me, she's staying in a different room, but I'm not there. -How do I know they're not in the same bedroom? -MAN: Right.
So, how. . .
I mean, did your Spidey-sense go up? I mean, what. .
. -[audience laughing] -[Callender] After she moved out, the next thing you know he shows up with soup and a teddy bear because she's sick. But how did he know that she was sick if they haven't been communicating?
-Soup and a teddy bear? -[audience gasps] [Polzin] He would bring me flowers to work and brought soup. .
. Left a soup and a teddy bear on my front porch and. .
. But this is a man that you were allegedly not sleeping with. .
. -Right. -.
. . bringing soups and teddy bears when you don't feel well.
Hmm. I know that doesn't sound right. -It doesn't.
-It doesn't. [laughs] It definitely doesn't sound like it was completely over. [Polzin] It was.
He was trying to hang onto something that wasn't there. So, how did you find out about the soup and the teddy bear, Mr Callender? Uh, I was going through her phone, looking for a number that I had dialed from her phone, and I had seen that his number was in there, and, you know, just out of curiosity I clicked on it, and it said they had had conversations for 30 minutes and another one for an hour, you know, and I asked her about it, what they had been talking about and she said, "Oh, it's just.
. . " He was wanting to know if she wanted to get a few more things from the residence that she had left behind.
You know, wanted the couch, and I was like, "Well, why does it take an hour of conversation -to decide if you want a couch or not? " -[Judge Lake] Right. And you never knew.
It wasn't like she was having -these conversations in front of you. -No. [audience murmurs] [Judge Lake] When she got the soup and the teddy bear, did she come home and say, "Honey, guess what my ex did -with his crazy self.
" -[Callender] No. Actually, it. .
. It come up a year or two later. -She got mad at me.
-[audience gasps] I was, like, "Well, at least he cared enough to bring me soups and stuff or teddy bears, you know? You never done this type of stuff for me," and just throw it in my face, you know? And I'm, like, "Really?
" It never fails. The arguments are when it always comes out. -Right, Jerome?
-Yep, I like soup. [all laugh] So, take me to the birth. When Zoey was born, were you there, Mr Callender?
Yes, Your Honor. -You. .
. You participated. -Yes, Your Honor.
Showed up for the birth? That and mostly every doctor visit. Every doctor's visit?
So, even though you were doubtful, -you still participated. -Yes, Your Honor. Because you wanted to be there.
[Callender] I wanted to be there for the baby and for Rachel. -[Judge Lake] Okay. -[audience] Aw.
And, so, when she was born, did you sign her birth certificate? [Callender] They wouldn't allow me to. Uh, it was like a kick to the chest.
And so then your doubts started spinning. Yes, and a week or two after that, she was in contact with her ex and he made the question, "Could it be mine? " [audience exclaims] Oh, the ex said, "Could it be mine?
" -Yes, and-- -Now, how did you find this out? I was standing around when he had made the call and was just listening in and I heard him say, "Is there a chance it's mine? " But according to Rachel, they had hadn't any kind of sexual contact for three or four months before we had started seeing each other, so.
. . So, why would he ask that then?
That's another one of the reasons why I have the doubts. [audience murmurs] But if you do that math, we were in North Carolina in December and she was born in September. -Oh, shouldn't he be able to do the math, too?
-But, Ms. Polzin, I mean, when an another man calls you on your phone to just say, "Well, let me just ask you this, could she be mine? " Uh, that means there's some part of this math, some factor in this equation.
. . that we're missing.
That sounds like he feels like he could have been sexually active with you during the window of time the baby was conceived, -because why would he ask? -[audience applauds] I think he was doing that just to get a rise out of me because, like I said, once he learned of my new relationship. .
. [Judge Lake] That could make sense that he'd be calling to try to hurt you, but he's bringing teddy bears and soups, and you're talking on the phone with him for 30 minutes and an hour. So, that doesn't add up.
-That-- -If somebody's trying to hurt you, you don't sit on the phone with them for 30 minutes or an hour. Right, but that was before I learned I was pregnant. But he had made a comment before as you were getting the last few things out of your house, he had made the comment, you said, that he asked for one last shebang.
[audience exclaims and laughs] [Judge Lake] Oh, really? -Yes, he did. -[woman] Uh-huh.
-But you declined? -[Polzin] Of course I declined. I had been over that relationship for a very long time and I had only been sexually active with Mr Callender, and he knows that.
I think if he knew that, he wouldn't be here. [audience laughs] Yes, he did. Mr Callender, you brought a witness.
I'd like to hear from her. Ma'am, please stand. Step over to the podium.
-State you name for the court. -Karen Allen. Ms.
Allen, what relationship are you to Mr Callender? -I'm his mother. -You are his mother.
-Yes, ma'am. -What do you know about the paternity surrounding baby Zoey? Do you believe your son is her biological father?
I hope and pray that he is. -[woman] Aw! -We have a very strong bond.
[Judge Lake] And I can see how emotional that makes you. -[Allen] Yes, ma'am. -[audience] Aw.
[Judge Lake] You love the baby? [Allen] Yes, ma'am. [audience] Aw.
This relationship started with a hot mess. It was a hot mess when it started. -Only gotten worse through the years.
. . -Mmm.
. . .
and the squabbling back and forth. I don't want Zoey to hear, "You may not be my child. -This may not be my child.
" -[Judge Lake] Right. Yes, and she's at an age -where she could hear that. .
. -Yes, ma'am. -.
. . and possibly even be able to understand.
. . -She will.
-She would. -. .
. exactly what someone's saying. Absolutely, and between the arguing they do, it.
. . It could be said and them to not realize that she is in hearing distance, and that would break my heart.
. . -[Judge Lake] Yes.
-. . .
for her to hear that. So, Ms. Allen, do you believe this relationship can withstand.
. . the realization that Zoey is not your son's biological child?
[Allen] I don't believe it would. So, you believe if she's not his, -this relationship is over. -Yes, ma'am.
[audience exclaims] -[Judge Lake] So, that means there is a lot at stake. -[Allen] Yes, ma'am. [Judge Lake] So.
. . Ms.
Polzin, you say you are sure Mr Callender is your child's biological father. Yes, Your Honor. I have an exhibit.
-You have an exhibit you brought. -Yes, yes. Please step over and show the court what you brought.
[Polzin] These are reasons why I believe that Mr Callender is the father. Him and Zoey both have the same attitude. Um, they are very particular about things, such as the way they like their foods and things like that and if they don't get their way, they'll throw a fit till they get what they want, and I do not act like that at all.
-[Judge Lake] Same temperament? -Yes. -Okay.
-Yes. [sighs] No protection. We were.
. . When we were together and having sexual relations, we did not use protection.
The tanned skin. I am, obviously, very pale and she has a tan. Zoey is.
. . Looks just like him.
You can't deny that. The tanned skin, the dark hair, and then this is Mr Callender as a baby and this is Zoey. -[audience exclaims] -It's identical.
It's identical. You cannot deny her. Looks just like him.
[audience murmurs] So, Mom, Ms. Allen, when you look at this side-by-side, do you see a resemblance? Do you see this incredible resemblance that Ms.
Polzin says she sees? I wish I did. I believe Zoey looks just like her mother and Zoey is tanned, but we do a lot of outside playing.
Children tan. Thank you so much, Ms. Polzin.
You may step back to the plaintiff's podium. The reason why I asked Mom 'cause lot of times Moms know. Grandma.
. . Grandma has that supernatural -spidey sense.
-[chuckles] I believe that the temperament is a learned behavior. He's spoiled. I.
. . I did that -and I'm around Zoey.
-[laughs] -And I take the blame. -You say you spoiled the. .
. I take the blame of what happened to her. [Callender] No protection.
. . She was with the guy.
I'm sure they didn't use protection either. Uh, tanned skin. I mean, everybody.
. . I'm not the only person on the planet that has tanned skin, you know?
The guy, he's got a little tan himself, so. . .
And Zoey doesn't have the black hair. [audience exclaims] [Judge Lake] And I can see this is really effecting you both. Like, you don't know.
I can. . .
I can look at both of you and see this really troubles you -because you have very real doubts. -Yes, ma'am. With that said, I think we've heard enough testimony and it's time for the results.
Jerome. [audience applauding] These results were prepared by DNA Diagnostics and they read as follows. In the case of Polzin v.
Callender. . .
Yes, ma'am. It's like a dark cloud hovering over us. When it comes to Zoey Callender.
. . it has been determined by this court.
. . Mr Callender.
. . you.
. . are the father.
[Polzin] I told you. Thank you. [Judge Lake] You are the father, and I'm so happy I could give you the result all of you so desperately wanted, and now we can figure out where to go from here.
I want his name put on the birth certificate. Not just about being on that birth certificate. That is important, but it's also about being a consistent and supportive dad in her life.
-Yeah. -Right? -[audience applauding] -And so now that we have -no more doubts.
. . -Mmm.
. . .
what are we gonna do with this relationship? Definitely work on it and move forward to the next steps. Good.
She can know that she has the love of both parents, her grandparents. She deserves to have her village, every child does, and so if you're gonna try to make it work, you have to do that, but you also have to keep her in the forefront of your minds. -Right?
-Yes. All right. So, I want you all to go and talk to Dr Jeff, figure out how you're gonna make those first steps to go to the next level and I wish you all the very best.
Court is adjourned. [Polzin] Thank you.
