The next day, the Farradays meet with their lawyer, Bill Brein. He informs them of Lexi’s petition for joint custody of Grace and explains that she’ll have to prove a substantial change in her circumstances before the petition can go to court. During that time, Lexi can gain temporary visitation. Jude argues that Lexi is unfit to be a mother because she abandoned Grace and had no contact with her while in prison. She also uses Lexi’s mom as evidence against the kind of mother that Lexi will be, though Zach says that this argument is unfair. Bill then tells the family about Lexi’s substance use and “bad behavior” while in prison. Jude tells Bill that they’ll fight the petition, and he files the response.

Two days later, Lexi is in a courtroom to fight for her daughter. Scot presents her case to the commissioner, explaining the car accident that led to Lexi’s incarceration and her desire to reunite with her daughter. Bill then presents his argument against Lexi, asking that the current custody arrangement remain as it is. The commissioner rules in Lexi’s favor, setting a trial date for April 19th, 2011. The commissioner then says that he’ll appoint a guardian to investigate the case.