2010.06.28 - Kyron's Dad files for divorce and restraining order

[mrsjonnob]

There's been movement in missing spouse cases, ever since the Nancy Cooper case, whereby the parents of the missing spouse apply for custody of the minor children. The cases that I've observed where this was accomplished, the parents getting custody, the living spouse was eventually arrested for the disappearance.

During the NC case, the husband began responding via affidavits, but it only made him look guiltier than he already did. Subsequent cases, the spouse refused to respond and custody was granted by default. But it was the failure to defend themselves that, to me, is important.

This is the first case I"ve observed where it was suspected one of the parents contributed to the child's disappearance and custody was taken away from the other. LOL, ok, this is the first case I've observed where the step parent was cheating, hiring hitman, sexting with someone other than her husband, ...............

There's a missing child here. IF she would rather leave her child, her home, her husband, OTHER than speaking to LE, I just officially fell off the fence.

I'm sorry. I know she has a right to remain silent. But this goes beyond that issue. There's a missing child here. Where is he?

NOTHING pertaining to TH, IMHO, is as important as finding this child. ANYTHING that she can do to help facilitate recovery of this child, should be the top priority. I don't care what the heck she was doing that morning, UNLESS it was something to do with Kyron. Give LE what they need, PROVE you weren't harming this child.

OMG, forget the cheating, sexting, hiring or not a hitman, forget all of your selfish reasons. Please, please, WHERE IS KYRON?!

How cruel can a person be? Stop holding the hearts and minds of these parents and this community's and tell EVERYTHING you know. NO HOLDS BARRED!

This is what happens when you hit a brick wall with these cases. It doesn't matter if it's a spouse or a child, when there's one person holding up finding the missing, it's beyond frustrating. I just can't even imagine, what these parents are dealing with mentally. Cannot even imagine.

JMHO
fran

BBM- Yep, I am just about off the fence too... I wonder if this was all some well thought out plan of her attorney's and there is some long term strategy? I just don't get it

 

[Amster]

:waitasec:I thought it was innocent until proven guilty in this country.

It is in a court of law.....

 

[Aedrys]

I think what gets me is that it seems like she's just giving in at this point EXCEPT for talking. I know her lawyer has probably told her she can't talk, but I remember that woman avoiding the reporter. She wasn't meek or shy, she was deliberately avoiding him and not wanting to talk. I guess what I mean is, it doesn't seem like she was cowed into submission here. If she is still being quiet with more and more anger building up inside, it's going to explode at some point.

I can't imagine she's just happily doing this, or is happy about it, but the fact that she isn't saying a word troubles me. The fact that she keeps avoiding court and doing what Kaine wants troubles me. I worry about her anger boiling over and what that could mean for KH and baby K. Or herself if she decides to hurt herself instead.

I do wonder why her lawyer is not recommending a hospital stay. Maybe he did and she refused one. I just don't want to see this case get more outrageous or tragic because her anger and frustration finally pushes her over the edge to do something.

 

[SoCalSleuth]

I think the Family Law case was a brilliant idea. There is no way her attorney is going to allow her to speak or file declarations or do anything testimonial in that case while the criminal investigation is pending. Meanwhile, she has been stripped of everything. Talk about pressure! Gotta admit, she is one tough nut to crack.

 

[tiredblondy]

I think the state of Nevada has the type of job opportunities that she is qualified for.

And... all housing,clothing and nutritional needs could be met at the same time.:angel:

 

[sleuthy sleutherson]

Why would she want to keep her baby girl with death threats coming her way, no way to earn a buck, and no place to live? Her reputation has been destroyed and teaching will be a faraway dream. If she is innocent, the result will be no less than what Kevin Fox encountered. He won millions and still has more coming. moo

Have these death threats been confirmed anywhere? Or is her attorney just blowing smoke? I haven't seen anything confirming them but I could have missed them. If she is innocent why settle so fast? If I was innocent I would fight to the end, this sounds like throwing in the towel to me. JMO.

Nobody would be taking my rights to my child, you would have to fight me to the death for it.

 

[gitana1]

Why would she want to keep her baby girl with death threats coming her way, no way to earn a buck, and no place to live? Her reputation has been destroyed and teaching will be a faraway dream. If she is innocent, the result will be no less than what Kevin Fox encountered. He won millions and still has more coming. moo

Seriously? Does any of that have anything to do with at least seeing her child in a safe, supervised setting for a few hours every couple days? She gave up custodial reports according to what her very own attorney reportedly stated. This gives her no contact with her baby. She cannot see her baby and no further hearings are scheduled regarding custody. Death threats would not be an issue in a supervised setting where people have to sign in and out just to get in the building and where the staff is trained to deal with violence, emergencies, etc. Having no place to live would not affect that either. And she has a way to earn a buck. I'm sure McDonald's would not turn her down.
Also, she's got friends, supporters, family. She can live with one of them for now.
No way, no one gives up custody rights of their child like this if they are innocent. IMO.

 

[fran]

BBM- Yep, I am just about off the fence too... I wonder if this was all some well thought out plan of her attorney's and there is some long term strategy? I just don't get it

I've tried to think about what this woman could have possibly been doing that morning that she doesn't want anyone to find out? I mean, let's be honest here, what has already come out is devastating and beyond the pale. What could possibly be worse? that she still can't be honest with LE?

I'm afraid what the answer would be. It's worth, to her it would seem, loosing EVERYTHING and EVERYONE, rather than spitting it out.

I'm truly frightened of what the answer is.

JMHO
fran

 

[Donjeta]

:waitasec:I thought it was innocent until proven guilty in this country.

Sure but if you were accused of something that you didn't do and you could prove it, wouldn't you want to do it and get it over with instead of waiting under a cloud of suspicion because the burden of proof is on the state?

 

[gitana1]

She did not relinquish parental rights, did she? Custody, for now, as far as we know?
I am sure her lawyer told her she did not have a chance to win.

Not unless/until her name is cleared in other matters, not even counting Kyron, since nothing official has been alleged against with regards to him.

Even child abusers get supervised visitation. She gave up the right to have any kind of contact with her child and no hearings are pending that would change that.

 

[holsen]

Maybe she is giving up right for NOW until she can get a better game play to fight for rights. If she is innocent I sure hope this is the case. IMO

That is exactly what I'm thinking. We don't know their long term strategy, only what we read/hear from the media.

 

[gitana1]

It says rights to custody which is not the same thing as TPR ( Termination of Parental Rights.)

IMO she is just not fighting custody right now but I think we will see that fight sometime soon. ( Or if she is innocent I hope we see that fight) If she is innocent she needs to show K she was worth fighting for .

First, people said "Well, there has yet to be a hearing so I don't yet believe she is giving up custody." Then it was, "Well the media is reporting this but I don't trust the media" (even though her own attorney was cited as the source). Now it's that surely she will be fighting for custody sometime soon in the future.
Listen, i predicted she would not fight the requested orders, the RO petition, because she cannot. Because responding to the allegations would open her up to self-incrimination in the context of a criminal case. If she is guilty of something criminal, that is. Now I am going to predict something else: She will not be fighting for any rights to her daughter, to seeing her infant child, anytime in the near future. Her baby, for whom she was the primary parent as a stay-at-home mother, is now without a mommy, put in daycare and cannot even see her mom for a few hours in a supervised setting now and then. But mom's fears about potential criminal charges make this irrelevant to TH when compared to what could come.
I respect everyone's opinions here. There is a lot of intelligence on the part of every poster which is why I love websleuths so much. But I can't get past this and I still am not fully comprehending why some can.
The bottom line is that failing to fight such a custody request makes it very difficult to go back into court to change the orders. People just can't go back in and say, "Hey, I changed my mind." A real good reason why the order should be changed must be shown and she can't use the "my kid misses me" excuse because that was the case when she agreed to relinquish custody. JMO.

 

[PoppyH]

I've tried to think about what this woman could have possibly been doing that morning that she doesn't want anyone to find out? I mean, let's be honest here, what has already come out is devastating and beyond the pale. What could possibly be worse? that she still can't be honest with LE?

I'm afraid what the answer would be. It's worth, to her it would seem, loosing EVERYTHING and EVERYONE, rather than spitting it out.

I'm truly frightened of what the answer is.

JMHO
fran

ITA, 6 weeks, and no Kyron, Im sure by now they have gone over all phone, email ETC< IMO, and I hate saying this, Kyron is gone and is not comming back, alive that is, she had hidden him somewhere, not alive mind you and thats what she was up to that morning, she did to Kyron what she could not get someone to do to Kaine, JMO, God bless Kyron and his faimly

 

[GrainneDhu]

And she has a way to earn a buck. I'm sure McDonald's would not turn her down.

I was thinking about this: what employer would hire her right now?

I don't think Mickey D's would hire her. It wouldn't take long for someone to recognise her and then the place would be packed with media trying to get a story and probably not buying a lot of product. The local, regular customers would get in the habit of going elsewhere and, well, I don't think they'd take the chance.

Same with any job where she would be visible to the general public.

I'm not sure what her job qualifications are other than teaching but with all this going on, do you really think any school would offer her a job?

Plus, with the economy the way it is right now, it's not like employers are suffering from such a dearth of applicants that they can't pick and choose. There are plenty of people out there who are seeking jobs who are not the focus of so much as an investigation into their parking habits.

 

[Aedrys]

First, people said "Well, there has yet to be a hearing so I don't yet believe she is giving up custody." Then it was, "Well the media is reporting this but I don't trust the media" (even though her own attorney was cited as the source). Now it's that surely she will be fighting for custody sometime soon in the future.
Listen, i predicted she would not fight the requested orders, the RO petition, because she cannot. Because responding to the allegations would open her up to self-incrimination in the context of a criminal case. If she is guilty of something criminal, that is. Now I am going to predict something else: She will not be fighting for any rights to her daughter, to seeing her infant child, anytime in the near future. Her baby, for whom she was the primary parent as a stay-at-home mother, is now without a mommy, put in daycare and cannot even see her mom for a few hours in a supervised setting now and then. But mom's fears about potential criminal charges make this irrelevant to TH when compared to what could come.
I respect everyone's opinions here. There is a lot of intelligence on the part of every poster which is why I love websleuths so much. But I can't get past this and I still am not fully comprehending why some can.
The bottom line is that failing to fight such a custody request makes it very difficult to go back into court to change the orders. People just can't go back in and say, "Hey, I changed my mind." A real good reason why the order should be changed must be shown and she can't use the "my kid misses me" excuse because that was the case when she agreed to relinquish custody. JMO.

Excellent post and exactly what I was thinking. I do wonder if her turning down custody now will affect her getting custody in the future? I understand her giving up the house, and maybe even not contesting the RO in regards to Kaine, but not fighting for her daughter? Is her personal freedom more important than seeing to the needs of her child? And what of her teenage son? Has she even tried to see or talk to him? I wonder what he thinks of her not fighting for his little sister? This has to be hard on him too. He's practically losing a sister because his mother cares more about saving her own butt than taking care of her children.

 

[eyes4crime]

Seriously? Does any of that have anything to do with at least seeing her child in a safe, supervised setting for a few hours every couple days? She gave up custodial reports according to what her very own attorney reportedly stated. This gives her no contact with her baby. She cannot see her baby and no further hearings are scheduled regarding custody. Death threats would not be an issue in a supervised setting where people have to sign in and out just to get in the building and where the staff is trained to deal with violence, emergencies, etc. Having no place to live would not effect that either. And she has a way to earn a buck. I'm sure McDonald's would not turn her down.
Also, she's got friends, supporters, family. She can live with one of them for now.
No way, no one gives up custody rights of their child like this if they are innocent. IMO.

Isn't there such a thing as giving up custody 'temporarily'? For now, Terri having baby K doesn't seem to be in the best interest of either. Maybe Terri is ill and feels she won't be able to give much even during a short visit. I don't know the reason, what I do think is if Terri fought for custody without a way to support her daughter and without a roof to cover their heads, people would be saying how selfish she is. Desiree gave up custody of Kyron and she isn't billed as being a horrific mother, why not the same for Terri? Sometimes that can be for the best interest of the child. moo

 

[gitana1]

How does one go about proving their innocence? TIA

First by at least addressing and denying the allegations. The judge will evaluate her credibility based on her testimony, in part. Second, by making every evidentiary objection possible that is relevant in an attempt to force Kaine to prove his case. The statement that LE told him there is probable cause and that TH tried to have him killed, that's all hearsay. She could object to that and appeal if the court ignores her objections. That would force Kaine, if her objections were sustained, to subpoena LE or otherwise substantiate his allegations. Third, by subpoenaing records like cell phone pings and cell phone records, video surveillance from stores etc, which she can do because they are directly relevant to the civil RO case, so she can prove she was where she says she was and did not have Kyron. Fourth, by deposing the landscaper and subpoenaing him to the hearing to refute his purported allegations.
The best way for her NOT to prove her innocence is by doing nothing, which is what she appears to be doing here.

 

[newone]

First, people said "Well, there has yet to be a hearing so I don't yet believe she is giving up custody." Then it was, "Well the media is reporting this but I don't trust the media" (even though her own attorney was cited as the source). Now it's that surely she will be fighting for custody sometime soon in the future.
Listen, i predicted she would not fight the requested orders, the RO petition, because she cannot. Because responding to the allegations would open her up to self-incrimination in the context of a criminal case. If she is guilty of something criminal, that is. Now I am going to predict something else: She will not be fighting for any rights to her daughter, to seeing her infant child, anytime in the near future. Her baby, for whom she was the primary parent as a stay-at-home mother, is now without a mommy, put in daycare and cannot even see her mom for a few hours in a supervised setting now and then. But mom's fears about potential criminal charges make this irrelevant to TH when compared to what could come.
I respect everyone's opinions here. There is a lot of intelligence on the part of every poster which is why I love websleuths so much. But I can't get past this and I still am not fully comprehending why some can.
The bottom line is that failing to fight such a custody request makes it very difficult to go back into court to change the orders. People just can't go back in and say, "Hey, I changed my mind." A real good reason why the order should be changed must be shown and she can't use the "my kid misses me" excuse because that was the case when she agreed to relinquish custody. JMO.

BBM

Just wondering out loud here when I ask, ''signing something under duress'' might apply as a defence in future?:angel:

 

[Aedrys]

Could she do something like try to have her parents get custody of baby K? Is there a way she work it around to where she could see her baby if she wanted? It seems like she thinks she has no options right now. But even if she didn't want direct custody of baby K, it seems like she would have other options of getting to see her or fighting for her. I guess my problem is, she seems to be totally giving up without exploring any options or putting up any fight. And she seems to be doing this really fast too, like she's not taking time to think about options or ways she could try and see baby K. It's just CYA and she doesn't care who gets hurt in the process.

 

[CharlestonGal]

First, people said "Well, there has yet to be a hearing so I don't yet believe she is giving up custody." Then it was, "Well the media is reporting this but I don't trust the media" (even though her own attorney was cited as the source). Now it's that surely she will be fighting for custody sometime soon in the future.
Listen, i predicted she would not fight the requested orders, the RO petition, because she cannot. Because responding to the allegations would open her up to self-incrimination in the context of a criminal case. If she is guilty of something criminal, that is. Now I am going to predict something else: She will not be fighting for any rights to her daughter, to seeing her infant child, anytime in the near future. Her baby, for whom she was the primary parent as a stay-at-home mother, is now without a mommy, put in daycare and cannot even see her mom for a few hours in a supervised setting now and then. But mom's fears about potential criminal charges make this irrelevant to TH when compared to what could come.
I respect everyone's opinions here. There is a lot of intelligence on the part of every poster which is why I love websleuths so much. But I can't get past this and I still am not fully comprehending why some can.
The bottom line is that failing to fight such a custody request makes it very difficult to go back into court to change the orders. People just can't go back in and say, "Hey, I changed my mind." A real good reason why the order should be changed must be shown and she can't use the "my kid misses me" excuse because that was the case when she agreed to relinquish custody. JMO.

BBM. I agree with you. She will not be stepping foot into a civil courtroom if there is a remote possibility of being asked any questions about Kyron, or the hitman. She has way too much to lose by doing so - it locks her into statements (or lies) that will surely come back to haunt her in a criminal trial.

If I were her attorney, I wouldn't let her say a single word in a courtroom until I were forced by subpeona to do so. Which technically, now that I think about it, would be never. The 5th amendment is TH's only friend right now and for the forseeable future; maybe forever.