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

[Donjeta]

Wow, so a "parent" unwilling to pay child support should be entitled to have full visitations and contact and everything with said child? I know from my experience, I wish with all my sould I could get my sperm donor to sign off on his rights. He has visits but doesn't ever follow through with seeing her or contact her, or pay child support. Those are the dead beats I think don't have a right to be called a parent with visits.

IMO it shouldn't be about the parent's rights primarily, rather the child's rights. If having contact with both their parents serves the children's best interest they should have the right to have contact with both of their parents.

I don't think that children should be punished for their parent failing to pay child support by losing contact with the parent. Money matters may sour the relationship between the parents but the visitations are important for the children.

If contact with the parent is bad for the child it is of course another matter, but just because someone is not paying child support it doesn't necessarily mean that all contact between them and their child is bad for the children.

IMO and sorry for being OT.

 

[gitana1]

The judge sealed the restraining order to prevent it from compromising the investigation into Kyron's disappearance, according to the clerk in Judge Keith Meisenheimer's office.http://www.kptv.com/news/24083257/detail.html

As a family law attorney that says it all to me. There is something in the application pertinent to the investigation. I think Kaine found something out that can be backed up by LE. Listen, I was on the fence. The timeline and circumstances did not point to TH to me. I ignored the wild rumors and tried to go off what we actually knew or had strong reason to believe. There was some stuff about TH's demeanor that was a bit puzzling but without more info from LE, it did not cause me to get off the fence. This is a game changer for me though. I know I could be wrong but my experience in family law tells me there is something to this.
Someone is saying it is very easy to get an RO from the court, regardless of sex. I don't practice in OR so I can't say 100% that that is wrong, but one person's experience does not make it true. A temporary RO is easier to get than a permanent one. That is true. So, we'll see what happens with the permanent request. Should be a hearing within 30 days and then we'll see if Kaine keeps custody. But, it usually is hard to take a baby away from it's mother, even on a temporary basis. Again, the fact that it was sealed so as to not compromise the investigation speaks volumes to me. One family law attorney from OR said that in her 30 + years in the business, she's never seen it happen. I guess we will all have to wait and see.

 

[pufnstuf]

If Oregon is like other states, the custodial parent MUST allow visitation, regardless of whether the other parent is paying support or not, if that visitation was ordered in court.

And, on the other hand, a non-custodial parent MUST pay support, even if visitation is being denied by the custodial parent or even if the non-custodial parent doesn't want to visit.

When either parent is not fulfilling his or her responsibility, it's for the court to determine what kind of punishment that parent receives. But the child's interest is never changed just because a parent doesn't want to receive support or doesn't want to visit. What is ordered in the papers is the law.

Support doesn't hinge on visitation, and vice versa.

 

[gitana1]

1. We do not REALLY know the back story with Kaine and Terri's divorce if it involves anythign OTHER than Kyron...

2. Originally posted by MsFacetious:


What SEEMS like class and stability may not be the case behind closed doors. Just playing devils advocate. I have no ill-will toward Desiree or Kaine at this point---just making that clear.

And although everything seems to be pointing toward Terri at this point...I am still confused....

If Kyron was seen in school after 8:45 by witnesses---did Terri come back for him? Did she hire someone to sneak him out?? If she is involved in this---HOW so???

This is a good post. Although the Ro takes me off the fence, your questions are exactly what had me on it and maybe leaning towards TH's side. The circumstances don't add up. The rumor and innuendo did not sway me at all.
But I'm not now looking at Kaine's actions alone in sliding off the fence. I'm looking at the judge's actions in granting the order and then sealing it and the application. That's heavy.
Well, I'm sure we will all know the answers soon enough. I'll keep an open mind.

 

[redkatrampant]

As a family law attorney that says it all to me. There is something in the application pertinent to the investigation. I think Kaine found something out that can be backed up by LE. Listen, I was on the fence. The timeline and circumstances did not point to TH to me. I ignored the wild rumors and tried to go off what we actually knew or had strong reason to believe. There was some stuff about TH's demeanor that was a bit puzzling but without more info from LE, it did not cause me to get off the fence. This is a game changer for me though. I know I could be wrong but my experience in family law tells me there is something to this.
Someone is saying it is very easy to get an RO from the court, regardless of sex. I don't practice in OR so I can't say 100% that that is wrong, but one person's experience does not make it true. A temporary RO is easier to get than a permanent one. That is true. So, we'll see what happens with the permanent request. Should be a hearing within 30 days and then we'll see if Kaine keeps custody. But, it usually is hard to take a baby away from it's mother, even on a temporary basis. Again, the fact that it was sealed so as to not compromise the investigation speaks volumes to me. One family law attorney from OR said that in her 30 + years in the business, she's never seen it happen. I guess we will all have to wait and see.

If I may ask your opinion, does the fact that TM has not lawyered up and rushed to dispute this ( or we have not heard that she has) speak loudly to you?

 

[sherbetjello]

ITA. Also, I am spoiled because I have become accustomed to the Florida Sunshine Laws where everything is released to the public. Its been over 3 weeks now, I am very anxious for information and it makes following this case very frustrating.

Off the top of my head, I can not think of one child that has been saved/found due to the Sunshine Laws in Florida. All I have seen is more speculation and gossip.

Everything that was solved by, or any child that was found (that I have watched in the media), was done so with LE and LE only.

Could be wrong though, I am on the other coast.

 

[curiousgal]

If Oregon is like other states, the custodial parent MUST allow visitation, regardless of whether the other parent is paying support or not, if that visitation was ordered in court.

And, on the other hand, a non-custodial parent MUST pay support, even if visitation is being denied by the custodial parent or even if the non-custodial parent doesn't want to visit.

When either parent is not fulfilling his or her responsibility, it's for the court to determine what kind of punishment that parent receives. But the child's interest is never changed just because a parent doesn't want to receive support or doesn't want to visit. What is ordered in the papers is the law.

Support doesn't hinge on visitation, and vice versa.

Unfortunately, yes that is exactly how it works here!

 

[gitana1]

I'm not familiar with Oregons laws.. But could it be that by divorcing her, he can now testify against her regarding other possible crimes that could have been found out about by LE, while investing the disappearance. That he couldn't talk to LE regarding certain matters because he was in a marriage..??? KWIM ??? Sorry..just tired...

For what it's worth, a spouse can always testify against the other spouse, but they cannot be compelled to if the state law protects married spouses from having to do so. he did not have to file to testify, in other words.

 

[Kokopelli]

This is my first post about this case (or any case) in quite a while. However, I pray for Kyron and his loved ones many times throughout the day and have been following his case as closely as I did in the beginning. It's just that I have needed to take a step back in order to preserve my emotional well being. I do hope no one thinks less of me for that...

When I read that Kaine had filed for divorce and a restraining order, I was not bowled over. In the early days of this case, I had thought Terri Horman to have been involved with Kyron's disappearance. But, as the case wore on and LE became more vague in their statements, I began to develop different scenarios and views. But, I don't know that I ever fully let go of my original suspicions. It sickens me that Terri may have been involved. And, it leaves a pit of despair in my stomach because, in my opinion, if she was involved, I do not see a happy ending for Kyron or for those who love him.

Most of what I have to share has been stated by others already, but I will reiterate this: thank God Kaine had the presence of mind to do what he felt was necessary in order to protect himself and baby K. While this very concept is harrowing, it is refreshing to see a family member willing to do the difficult thing and stand up for what they believe in. And, most importantly, it is beautiful (even in a grim situation) to see a father do all that he can in order to keep his children safe. He may not have been able to protect Kyron, but by taking action now, he is ensuring that another incident does not occur and I know, without a shadow of a doubt, that Kyron would be proud of his dad and grateful for the love and respect he has for him.

I wish I could say more this afternoon, but I feel as though my words are not coming out the way they are intended. I had two of my wisdom teeth extracted yesterday and I'm still in a great deal of pain (and am medicated as a result). But, I needed to come back here and post for Kyron and to let everyone know that he is still in my heart and mind. I will continue to follow his case closely and now that I feel emotionally stronger, I will participate when I can be of help. I've not forgotten about sweet Kyron and what I've said from the beginning rings true. We will bring you home, Kyron...

 

[gitana1]

Copy of restraining order-

http://images.bimedia.net/documents/Horman_restrain.pdf

Hey Abbie! That's not the RO. It's a copy of the order regarding sealing it. Two different things.

 

[gitana1]

Abbie, isn't that just a copy of the papers stating the RO will be sealed?

I should read ahead before posting!!!!!!!!!!

 

[Kimster]

If Oregon is like other states, the custodial parent MUST allow visitation, regardless of whether the other parent is paying support or not, if that visitation was ordered in court.

And, on the other hand, a non-custodial parent MUST pay support, even if visitation is being denied by the custodial parent or even if the non-custodial parent doesn't want to visit.

When either parent is not fulfilling his or her responsibility, it's for the court to determine what kind of punishment that parent receives. But the child's interest is never changed just because a parent doesn't want to receive support or doesn't want to visit. What is ordered in the papers is the law.

Support doesn't hinge on visitation, and vice versa.

Yes, from my experience here in Oregon, that is the case.

Also, if the judge does allow sole custody, there may be a provision that TH is not awarded visitation, but the child support could still be required. That happened in my case with a step-child. The bio-mom lost all visitation rights but was still subject to child support.

 

[gardenhart]

NO Minors names! Do not name the baby. K. Only.

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The baby's name is being used in every news story I'm seeing so I don't quite get this.

If this were a newspaper, you would only protect a child's name if they were the defendant in a crime and not being tried as an adult or a victim of sex abuse.

Certainly the missing child's name is being used all over this board.

 

[Calliope]

As a family law attorney that says it all to me. There is something in the application pertinent to the investigation.

(snipped)

according to abbie's post a few pages back, it's no longer sealed; the order to restrict access is vacated.

 

[twzzlrgirl]

I kept thinking that the RO meant that the case was breaking and we'd hear something soon. That was Monday. I'm beginning to wonder if the whole thing wasn't a red herring (not intentionally, but that the news doesn't mean what most of us thought is meant). Maybe I'm wrong, but if the evidence that caused the RO to go through had something to do with Kyron, wouldn't she have been arrested by now?

 

[Kimster]

The baby's name is being used in every news story I'm seeing so I don't quite get this.

If this were a newspaper, you would only protect a child's name if they were the defendant in a crime and not being tried as an adult or a victim of sex abuse.

Certainly the missing child's name is being used all over this board.

Just because the names are being used all over the internet doesn't mean we have to follow suit. Someday these kids will be old enough to Google their names and could possibly read what was written about them here. We are looking down the road with this issue.

They are kids.

 

[redkatrampant]

The baby's name is being used in every news story I'm seeing so I don't quite get this.

If this were a newspaper, you would only protect a child's name if they were the defendant in a crime and not being tried as an adult or a victim of sex abuse.

Certainly the missing child's name is being used all over this board.

Nope. The mods have been quite clear on this. I have seen where they repeatedly ask us not too.. This is not an attack on you, I just do not see the need to question the mods ruling. I do not wanna see any of us get a time out.

 

[twzzlrgirl]

Nope. The mods have been quite clear on this. I have seen where they repeatedly ask us not too.. This is not an attack on you, I just do not see the need to question the mods ruling. I do not wanna see any of us get a time out.

Yes...and it's one thing to see your name attached with a factual account of a situation; quite another to some day come on this board and see all the possible theories we've all posted (especially if TH turns out to be innocent). Could be very hurtful...

 

[gitana1]

When do we expect the docs to be unsealed? I have heard today but wondering when today, anyone heard? I am so anxious to read the actual docs outlining the basis for this RO. Finally - something concrete to look at, analyse, debate. lol

The docs are not going to be unsealed.

If I may ask your opinion, does the fact that TM has not lawyered up and rushed to dispute this ( or we have not heard that she has) speak loudly to you?

No. People realize that if they rush to get an attorney, it makes them look guilty to many in the public.

 

[gitana1]

(snipped)

according to abbie's post a few pages back, it's no longer sealed; the order to restrict access is vacated.

That's actually not correct. The order sealing the motion, the application and the grounds for the order are to remain sealed.