A/N: Hey I'm baaack! I'm really sorry for the delay, but I had a lot of things in mind I wanted to write about for this and then they just all seemed to disappear... So anyways this chap really isn't one of my best work, but I wanted to get the third part of the series started so here we are. Thank you so much for WCUgirl for her help with the legal things, you're awesome! Any mistakes in the details are mine and I really have little to no knowledge of legal proceedings in USA.
Tim and Gibbs laid in bed after an evening of running after Tony, who had a day earlier mastered the art of crawling to perfection, well as close to perfection as you can get while you're stuck on reverse.
Tim laughed as the image of the little boy backing around the living room filled his mind and he pushed his face into his lover's shoulder.
"Oh god i can't believe he goes like a rocket back wards but can't move an inch in the other direction"
Gibbs snorted and Tim could feel his shoulder shaking under his face as the older man tried to keep himself from laughing out loud.
"And he's just started crawling, imagine when our little boy starts walking-" Tim laughed at the image his lover's words prompted before sobering and moving to lie on his side so that his head was propped up on his hand and he was looking at the older man.
He looked closely at the man next to him and saw the laugh lines around his eyes and the small wrinkles around his mouth were the corners fought to turn upwards. The man looked so happy, Tim wanted the man to look like that always.
"About that-" Tim bit his bottom lip as he thought of how to say what he was thinking about. They'd been living together as a family for a few months and everyday he grew more certain that what he and Gibbs had would last and every time he saw the older man interact with his little boy he could see the love in the mans eyes.
So in the end the words came more easily than he thought.
"Would you like to make it official?"
Gibbs froze at the words, it took his a few seconds to decipher what the man was talking about, but when it hit him, he sat up quickly and looked at his lover.
"What?" he had to make sure, but the hope and joy was already bubbling in him.
McGee almost groaned at the blunt words and thought that maybe the words hadn't come so easily after all. He cleared his throat and sat up so he was sitting cross legged in front of Gibbs.
"Would you consider being Tony's father on paper? I know you're already like a father to him but-" he didn't get the chance to finish as his mouth was taken in a fierce kiss and a 'yes' whispered against his lips before they parted completely.
"Are you sure Tim? I love you and you know I love Tony, I would be honored to be his father"
McGee gave him a bright smile and with one last kiss the men laid back down with Tim held securely in his lover's arms. They both fell asleep with smiles on their faces and thoughts of their son and each other in their dreams.
Gibbs had thought that the process would take a lot longer than it did, but he had also thought he would be legally adopting the child, but apparently that wasn't possible for him to do.
The had gotten a meeting with McGee's lawyer who would be handling the matter of making Gibbs Tony's parent, for two days after they had decided the issue.
The lawyer was a pleasant young ma, about the same age as McGee, and had no problem with the men bringing the boy with them so the couple didn't bother getting Abby or any of the other's to babysit as that would only serve to ruin their fun as they broke the news to them in person about the newest development.
Tim sat in front of the big desk in the lawyer's office with tony sitting on his lap fiddling with the man's tie, Gibbs sat in the chair next to them as they talked about the details of the process with the lawyer.
"So, as Tony's legal and biological father, you Tim have the choice here. Unfortunately it isn't possible for both parties involved in a same sex relationship to have the status of the child's legal parent, but it is possible for you to add Agent Gibbs as Tony's guardian."
The two men frowned at that, both men were more than familiar with the holes in their legal system and that the rights of same sex couples were still in very early stages, but still it felt unfair that they couldn't protect Tony more fully and give Gibbs the same rights as a parent as Tim.
"So basically it would mean that were something to happen to me, Jethro would have no legal rights as a parent" Gibbs frowned at his lover, not at all pleased to be thinking that kind of things.
"Well that would depend on many factors, but the statistics show that most of the children in a situation where their legal parent is killed and guardian is still alive, the child goes to a foster home." He held up a hand to stall any protests
"However, there are cases where the child has been given to the guardian. The things that work in your favor should something happen would be the upstanding reputation of Agent Gibbs, and of course your will to fight for the custody and lets not forget that you have a very good lawyer in your corner"
He gave the men a few minutes to digest the statement before pulling out the papers he had drawn as soon as his client called him.
"Agent McGee, if you are willing to grant guardianship to your partner, I would like to ask you to sign these papers" He gave the stack of papers to McGee who hugged his son tight as he signed the papers and handed them back to the lawyer.
"Okay, and now Agent Gibbs, if you're willing to become a guardian of Anthony McGee-Dinozzo, please sign the papers" he handed the papers to Gibbs who smiled at his lover and the little boy before signing the papers.
"Well then, I would like to offer my congratulations to you both, these papers will have to be signed by a judge, but that's merely a formality." Tim and Gibbs both stood up and hugged each other tightly, wrapping Tony in the hug as well, but being careful not to squish the boy.
They shook the lawyers hand and after he promised to send the papers to them after the judge has a chance to sign them, they left the office.
They made their way to the car and Gibbs took Tony from his lovers arms and went to put him to his seat as a thought struck him and a wide smile spread on his face.
Tim watched the smile break out and lifted an eyebrow in question as to what brought it on.
"Just thinking, I've loved Tony probably from the first time I saw him, but I guess he was always your son in a way, but now he's our son, I like the sound of it" Gibbs shrugged, but the smile didn't leave his face as he buckled the boy up and gave him his traveling teddy and watched the boy squeeze it hard. He made his way to the drivers seat and got in only to have his mouth taken in a kiss as soon as he turned to his lover.
Tim smiled mischievously and brushed their lips together once more before pulling back.
"What you say Jethro we take our son home and put him down for his nap and do a bit of celebrating?"
Tim laughed as his only answer was the car's engine roaring to life.