Gibbs sat across from Tim reading a book while the boy did his homework. Social services still made sure he went to school even though he was in a group home. They'd even allowed him to go to his same school since it was in the same district and it was one thing that could be normal for the kid.

Normally when he visited during the week, Gibbs wouldn't show up until after dinner time so the kid had time to do all this stuff before he came up, but he and Penny discussed it and decided that they weren't going to give McGee room to come up and emotionally torture the kid again. They couldn't stop the bastard from visiting, but they could be there when he did.

Gibbs of course called his lawyer right after finding out that McGee visited, but was told there was nothing he could do unless Tim spoke up about it. Gibbs knew Tim wouldn't wanna do that and wouldn't ask. This kid had already been through enough. He would not force him to speak up against someone he still thought of as a father. He would not be the new bully.

Tim looked up at Gibbs. "You're really just going to sit here while I do my homework?" Tim asked.

"Why not? I have my book. I'll read while you work, unless you want some help," Gibbs said. He wasn't sure how much he'd be able to help. He was never all that great in school and what he did learn, he barely remembered, but he could try.

"No, I'm good at school. You don't have to stay though. I'm sure you have better things to do," Tim said.

"Nope," was all Gibbs said.

"You're here because of my dad, aren't you?" Tim asked. He wasn't an idiot. Gibbs or Penny used to visit him most days, but during the week, they came for short visits after dinner. Today, Gibbs showed up just after he got back from school.

Gibbs smiled slightly at Tim's perceptiveness. "You're smart, Tim. Yeah."

"You don't have to. My dad won't hurt me," Tim said. Well, he wouldn't hurt him physically. He would make him feel horrible and worthless, but that wasn't anything new. Tim could handle it.

"He may not hit you, but we both know he hurts you," Gibbs said.

Tim looked down at his homework and shifted uncomfortably. "I'll be okay. I can deal with it."

"Not the point. You're a kid. No kid should be made to feel the way he makes you feel," Gibbs said.

Tim shrugged. "I'm a disappointment to him. He wanted a better son than me."

"Look at me," Gibbs instructed.

Tim looked up, trying and failing not to look as pathetic as he felt.

"You're a great kid, Tim. I'm gonna get you to see that. I'm gonna get you to see that it's you that deserves better. You deserve a better father than him," Gibbs said. He knew it might take a long time for him to get Tim to see those things, but he swore he would. On Shannon's grave, he swore he would get her boy to see the truth about himself and the bastard he called his father.

"You know, sometimes I wonder what would've happened if I hadn't been kidnapped. I still wanna go home. I want things to go back to normal, but I wonder sometimes if things would be better if it was never my home," Tim said. He also felt bad when he thought that because it would mean he never had Sarah for his sister or Penny for his grandmother. He wouldn't want that.

"I think it would've been better for you and for Shannon. The two of you would've loved each other and you would never believe now that you weren't worthy of her love. But those kind of thoughts don't matter because it didn't happen. Things will get better for you, Tim. I'll make sure of that. Now, how about you finish up and then we'll play a game or something."

Tim nodded and went back to his homework.

Xxxxxxxxxxx

Gibbs made it back to his hotel room and found his lawyer waiting outside. He wasn't surprised. The man called and asked for a meeting. "Hey. You been waiting long."

"A few minutes," the lawyer, Mark Thomas, said.

Gibbs opened the door and walked inside. "What's up?"

Mark walked inside and closed the door. "John McGee made a deal. The charges against him are being dropped in exchange for his testimony against his wife."

Gibbs growled. He expected it, but it still pissed him off. This SOB knew Tim was not his son. he may not have participated in the kidnapping, but he was still responsible for not coming forward. He kept Shannon's son from her.

"I know you're angry, Jethro, but they didn't have much choice. Anna McGee is the better case. They can prove she knew about the kidnapping, but because McGee was overseas, they can't prove he did," Mark said.

Gibbs sighed and folded his arms across his chest. "What now?"

"Well, with the charges dropped, he's probably going to petition to regain custody of Sarah, which he will probably get. I've already spoken to Penny on the subject. She's ready, albeit unhappy," he said.

"That son of a bitch shouldn't have custody of any kid," Gibbs said.

"I agree, but he's her father. Penny can petition for custody and I believe she will, but it will be difficult. She may have a chance if we can win your case, but for that to work, we'd have to win not just on the technicality that Tim is not his son. We'd need to prove McGee is unfit. We can use that in a separate hearing for Sarah," Mark explained.

"He is unfit! He's tortured Tim his whole life. He made him feel like trash!" Gibbs snarled.

"Emotional abuse is not an easy thing to prove. You've already said you don't want to put Tim in the position to turn against the man he thinks of as a father. There's not much recourse."

"I'll find some. I told Tim I'd do what I could to make sure he and his sister weren't separated," Gibbs said. He was also reluctant to send any kid back to live with John McGee. He was sure the bastard would turn on Sarah if he couldn't use Tim as his his emotional punching bag. He was just like any other abuser. He needed someone to hurt to make himself feel good.

"Well, Tim's an issue too. There are no blood relatives coming forward, so if we can't prove he's better off without him, McGee could get him too," Mark said.

"He's not getting Tim," Gibbs vowed.

"Well, I'll do what I can, but that can't be guaranteed. I really wish you were blood related to this kid. It would make it much easier. Anyway, I should go. I just wanted you brought up to speed," Mark said.

Gibbs nodded and watched the man leave.