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

[gitana1]

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.

That's what gets me. There are tons of creative option for some kind of contact. But, she would have to contest the charges or address them in some way to get any kind of court order allowing such contact. Unless Kaine agreed otherwise but I don't see him doing that.

 

[CharlestonGal]

I think I understand the rationale for not contesting the custody case now. You might want to avoid answering questions that might come up in a criminal trial later to avoid incriminating yourself and to avoid being stuck with a story. You can't change it later and not have it bite you in the backside. But being locked in with a story is mainly a problem if you're telling lies because you may come up with a better lie. If you're telling the truth your story should stay more or less the same anyway. So if you can't tell the truth in a civil case what are the chances of you telling the truth in a criminal case and how does that reflect on your possible innocence or guilt?

You don't have to lie or tell the truth in a criminal case. You can opt to say nothing at all. The problem is, if you tell lies in the civil case, the prosecutor will have plenty of time to refute your lies before your criminal trial and he'll parade your lies out for all to see whether you testify or not. At that point, you will have been proven to be a liar, and rightly or wrongly, juries tend to think liars are guilty.

Now the way I see it, the truth is not a problem. If you can testify truthfully about the landscaper and how that whole deal went down; and you can testify truthfully about your movements 100% the day Kyron went missing, then you have no problem. Terri is, apparently, unable or unwilling to face those questions at a civil hearing and answer them truthfully, even though it means she gives up her daughter without a fight.

One is left to ponder the reasons why a mother would give up her infant just for the sake of not answering a few questions truthfully. Most mothers would face an angry bear for the sake of their babies; a civil court hearing is child's play in comparison.

 

[sleuthy sleutherson]

I can't say for 100% certain but I believe Oregon has a law allowing grandparents to still have contact with a child if a parent has been given none.

 

[sleuthy sleutherson]

Supposing this is temporary, the longer the temporary situation stays like this the more like a total stranger she will be to this child, and once she is a stranger the chances of uprooting the child from her father's custody in favor of the mother must be pretty slim unless the father is found unfit, even if she was completely exonerated from all charges whatsoever.

I'm pretty sure if it were a temporary order we would know that...my custody/parenting plan was temporary at first and says so on the paperwork, giving so many days for response and to comply with court orders. After that it was final paperwork and had to be redone to state final order.

 

[gitana1]

They do and I pray Im wrong, but in reality, who is gonna hold onto a child for this long for someone who is not even the Bio mom?? and there is no trace that this is what she did?? She has to be one sly lady to pull it off and now jigs up, she has gone from 50 to zero in no time flat, if Kyron is out there she should give him up, what makes her think she could have gotten away with it?? Where as she just may get away with murder if there is no proof... Where is Kyron?? He has to be close!! Look how close Caylee was JMO

I know it, da*n it! He's just such a sweet, vulnerable looking little kid. It just breaks my heart. Poor baby.
I harbored hopes that maybe she stashed him with someone, so she would not lose custody in a possible divorce, or to hurt Kaine or Desiree. But I don't think she'd give up custody of her baby to do all that. I think she'd say, "Listen, i had a brief mental episode. I'm on meds now and I'm okay. Here's Kyron, here he is! Please don't take my baby. Here he is."
But that's not happened yet and it's just breaking my heart.

 

[redkatrampant]

That assumes that if she is factually innocent, she has a story that can be corroborated.

Those are two different issues. Someone really can be innocent of all wrongdoing without being able to prove it.

For an unrelated example, there were media reports about unintended acceleration in certain Toyota Camry models for quite a while. Some of those reports were from accidents caused by unintended acceleration. Toyota kept stalling, kept claiming that there was no evidence that there was a problem, that the cars involved had been inspected and no evidence found, etc.

Then all of a sudden, oopsie, it turns out that there was this one little problem Toyota engineers had noticed with the design of the accelerator pedal and some third party floor mats.

Turns out that at least some of those previously affected drivers weren't so crazy after all. There really was a problem, they just couldn't prove it.

I admit that this seems like a farfetched possibility in this case. But until there is more evidence available, it remains a possibility.

BBM
This gives one food for thought. It is hard to believe that in this day and age that someone does not leave a trail. I am thinking now that maybe she had someone to log onto her FB for her. My sister has my FB password and will play one of the few games I play

 

[tfrohning]

I didn't know how I was go to react to this news but now I just mad.
I guess I waiting for Terri to come out fighting and to give me a reason not to suspect her.

If Terri is not POI or she have nothing to do with Kyron diappearance she need to stand up and say so or least her Lawyer should make a statement.

Even Baze is out there try to plead a case that Casey innocent.

I hope I never has to face anything like a missing child but I know if I was being pointed at and slam everywhere, media, the internet... 24/7. I would be trying to clear my name or something I be fighting for myself and my child. And there would only be one reason why I wouldn't.

Little K has no chance at all with a relationship with her mother. She be growing up with Kyron disappearance and her mother being under suspicion or maybe even arrested. Plus if Terri really did try to kill her dad.

Plus knowing her mother never even put up a fight. My heart breaks for this little girl.

No matter what goes down this case will follow her forever.

 

[6angels]

This is not TPR. I've seen a crackhead prostitute living with their six children out of a shopping cart in a subway station not have ALL of her parental rights terminated. Every case is different, but that only happens in VERY extreme cases, ime, and only after many, many, many attempts to avoid it.

It's not what KH requested, either. Plus, TPR on a bio parent would impact support issues. Some bio parents request it to get out of their support obligations, and that is rarely allowed. The only examples I can think of that happening is when a bio parent voluntary gives up parental rights so that the child can legally be adopted by the new spouse of the other bio parent. In that case, I would imagine it's permitted as in the child's best interests. jmoo

Yes I know. That is what I was saying that it was not TPR. I have experiance with this ( with our 4 we adopted) so I knew it was not TPR there is much more involved then settlements out of court.

 

[tfrohning]

Everyone keep saying who would hold on to a child so long. We just had the little girl found in AZ this week after 7 Years. So to me there still hope that Kyron coming home alive for now.

 

[gwenabob]

Yes I know. That is what I was saying that it was not TPR. I have experiance with this ( with our 4 we adopted) so I knew it was not TPR there is much more involved then settlements out of court.

It is probably very obvious, but I cannot think of what "TPR" stands for. Could someone tell me please? Thanks.

 

[chicagofa13]

If she can't financially afforid a attorney to go to court and fight for custody I am SURE that if she can prove to an attorney that she had nothing to do with Kyron going missing then someone would step up and help her. IMO
She could give them her time line and show proof of it at the very least and get someone to take her case on payments etc . She could put her car down as a promise to pay. Something. I'd be doing any and everything I could as I'd be worried how my daughter is doing. She lost her brother and now her mother and I'd be worried sick sick and doing anything and everything to prove I had nothing to do with Kyron going missing and get my daughter back. There would be no settlement i'd fight until I was forced to stop fighting.

Also not fighting for Custody will not stop her from having to pay child support unless they came up with an agreement that if she didn't fight custody she didn't have to pay.

Houze already said he represents her in the criminal and family courts. Apparently she can afford to pay him. :waitasec:

Yeah, I know, he's probably working pro bono.

 

[chicagofa13]

It is probably very obvious, but I cannot think of what "TPR" stands for. Could someone tell me please? Thanks.

IIRC termination of parental rights.

 

[tiredblondy]

I know it, da*n it! He's just such a sweet, vulnerable looking little kid. It just breaks my heart. Poor baby.
I harbored hopes that maybe she stashed him with someone, so she would not lose custody in a possible divorce, or to hurt Kaine or Desiree. But I don't think she'd give up custody of her baby to do all that. I think she'd say, "Listen, i had a brief mental episode. I'm on meds now and I'm okay. Here's Kyron, here he is! Please don't take my baby. Here he is."
But that's not happened yet and it's just breaking my heart.

I don't think TH thinks the way we do! That is why it is so frustrating. Remember what she was doing after the RO? Not what I'd do. She seems to be doing the opposite of what we would do. I wonder why??

 

[ClueMeIn]

I can't say for 100% certain but I believe Oregon has a law allowing grandparents to still have contact with a child if a parent has been given none.

Yes, but they have to fight it in court too.

 

[6angels]

Originally Posted by ClueMeIn
New strategy:

Kaine file for termination of parental rights. She will have to testify.

Well no, she could just sign away her rights to avoid taking the stand.

That works too!

Well that works for T from being a mom. But what about K? She'll know her mom never faught for her and trust me that will leave her with feelings as she gets older. Baby K is going to lose either way.

 

[ClueMeIn]

Kaine file for termination of parental rights. She will have to testify.

Well no, she could just sign away her rights to avoid taking the stand.

That works too!

Well that works for T from being a mom. But what about K? She'll know her mom never faught for her and trust me that will leave her with feelings as she gets older. Baby K is going to lose either way.

Well see, I am not under the assumption that the bio parents are always the best to raise their children. They really aren't always. Someone that would try to put a hit on their daddy, and take away their brother, would fit under the category of not suitable to care for a child.

I know the courts different, and I am always flabbergasted by that. Just because you are a biological parent does not mean you are the best or even qualified at all, to care for a child.

 

[AvalonBlue]

Terri is out of the house. Just heard on NW News Channel 8. More in a minute.

 

[miabellamoure]

Maybe Terri knows she won't be around to parent her baby. I still have an ominous feeling that she may take her own life. Her marriage is over, her children are gone and her reputation ruined. What else does she have to live for?

Doing the last thing she can...the right thing and bring Kyron home!:furious:

 

[RubyRed]

Terri is out of the house. Just heard on NW News Channel 8. More in a minute.

Well that is ahead of schedule.

 

[Cubby]

I'll be needing to read that agreement or hear same unqualified statement from Houze before I believe that. These reporters write what sells, rather providing something accurate reporting, IMO.

Caveat Blogguear

Amen Sister!

From the link in post #1 of this thread.
Houze said Terri agreed to move out, give up rights to custody

'give up rights to custody' this is such a poorly explained statement. Gave up what? Her parental rights? Her fight to challege Kaines custody request? Which custody physical or legal? As a never married SP who has done more research on single parent custodial rights and child support I hate how some reporters present 'custody'. :banghead:

The way the reporter presented this, it sounds as if she will have no involvement in this childs life and I have to believe she wouldn't give up her rights to her child that easily.

just my 'SP' opinion.