ID - DeOrr Kunz Jr, 2, Timber Creek Campground, 10 July 2015 - #22

[Jamaica Me Crazy]

kammie, I noticed on the Idaho Repository notes of the divorce proceedings for Jessica Lyn Birch (her married name) that all the court's mail to her from April 2012 through August 2012 was Returned Unable to Deliver. I can't imagine any scenario where she wouldn't want to keep the courts informed of her current address. It is, after all, in the best interests of her children for the courts to proceed as seamlessly as possible.

Curious what she was doing those five months April-August 2012.

Maybe certified and she didn't pick it up?
In jail?

 

[desert-blue]

kammie, I noticed on the Idaho Repository notes of the divorce proceedings for Jessica Lyn Birch (her married name) that all the court's mail to her from April 2012 through August 2012 was Returned Unable to Deliver. I can't imagine any scenario where she wouldn't want to keep the courts informed of her current address. It is, after all, in the best interests of her children for the courts to proceed as seamlessly as possible.

Curious what she was doing those five months April-August 2012.

I noticed that too - I'm guessing she moved and didn't leave a forwarding address. She would have been pregnant with DeOrr during most of those five months if he was born in December...

 

[Butler]

What's Jessica's middle name? Is she living in Meridian? Sleuthing on PACER. Want to make sure it's the right JM. PM me if you think it's too :scared:. TIA!

There are several Jessica Mitchell's on the Idaho repository in various cities in Idaho. I used the year of birth to make an educated guess as to which ones are her.

 

[desert-blue]

There are several Jessica Mitchell's on the Idaho repository in various cities in Idaho. I used the year of birth to make an educated guess as to which ones are her.

She also goes by Birch. YOB is 1990.

 

[courtneyb]

My ex had a lot of photos of himself and my son the first 4 years into our custody agreement. However, he was only allowed supervised visitation with his mother supervising. She had to pick up and drop off my son... My ex wasn't even allowed to drive him in the car. Pictures on SM only indicate that she was, at some point, in the presence of her children and someone there had a camera/camera phone.

Just as there is not hard evidence of her having relinquished custody or of abuse/neglect, there isn't any evidence that she didn't or there wasn't. No one knows. It's a discussion. If anyone had a substantially better position than another, this discussion would have ended 2 days ago.


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[MBK]

kammie, I noticed on the Idaho Repository notes of the divorce proceedings for Jessica Lyn Birch (her married name) that all the court's mail to her from April 2012 through August 2012 was Returned Unable to Deliver. I can't imagine any scenario where she wouldn't want to keep the courts informed of her current address. It is, after all, in the best interests of her children for the courts to proceed as seamlessly as possible.

Curious what she was doing those five months April-August 2012.

Well, we can see from the records "Landing at Lakeharbor vs . . . " that she and her ex were evicted in 2010. One doesn't have the feeling of "stability" here.

 

[Jamaica Me Crazy]

Was DK married?

 

[gliving]

Was DK married?

Public court records show he is divorced. So, yes he was married.

 

[kammiemc]

Get in an accident with someone without insurance. It's pretty serious.

Yeah, so, she's young, okay . . . just starting out . . okay . . but yeah, when do you grow up? When does the "fiance", dad of your 2+ yo baby, become a husband? When do you start making prudent decisions? How about when you have a kid. Things (should) change.

I'd just think she would at least be wise enough to know that she is a target for LE under the circumstances, so driving around on a suspended or revoked license could be risky (surprisingly serious in ID!) It seemed that the "no proof of ins" problem was exacerbated by her not paying the fine. It's not a terrible crime but can kinda give you a feeling that she might not be one to bother with silly things like rules and laws.


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[kammiemc]

My link is a career of working in social services for the Courts in Idaho.

In ID, can a divorced parent who does not want custody of their children give full custody to the other parent? Or are you saying they would be required to maintain joint custody against their will? (I hope that's not the case, because if a person acknowledges they are not capable of or interested in caring for children, it would seemingly be in the children's best interest to relinquish that parent of their responsibility.) That is, if custody is not taken away from them based on those reasons first.


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[Alii]

How long has baby DeOrr really been missing?

After 7 months we still don't know who last saw him nor where he was last seen. Why the mystery?

I'm wondering, specifically, about the 4th of July - 6 days before DeOrr is alleged to have disappeared.

We don't celebrate it here, obviously, but it's a big deal in the USA. Did something happen on July 4th? It seems like a likely time for "accidents".

 

[DatelineFan]

How long has baby DeOrr really been missing?

After 7 months we still don't know who last saw him nor where he was last seen. Why the mystery?

I'm wondering, specifically, about the 4th of July - 6 days before DeOrr is alleged to have disappeared.

We don't celebrate it here, obviously, but it's a big deal in the USA. Did something happen on July 4th? It seems like a likely time for "accidents".

I really think that LE knows when Deorr was last seen alive, at this point. I would be shocked if they made that information public.

 

[giagreen]

In ID, can a divorced parent who does not want custody of their children give full custody to the other parent? Or are you saying they would be required to maintain joint custody against their will? (I hope that's not the case, because if a person acknowledges they are not capable of or interested in caring for children, it would seemingly be in the children's best interest to relinquish that parent of their responsibility.) That is, if custody is not taken away from them based on those reasons first.


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I beleive for most states they won't let a parent sign of their rights unless if someone is going to adopt the child or the the other parent is free from any state assistance. If the state is going to be paying for health care, food stamps, ect then they won't let a parent sign off rights as they will be making them pay child support to bring up the income of the house hold that the child lives at.
It doesn't mean that they will make the parent who doesn't want to be involved part of the child's life...they just want them to pay up.
And from what I understand giving up custody would be the same rights? Not sure.


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[Beezneez]

In ID, can a divorced parent who does not want custody of their children give full custody to the other parent? Or are you saying they would be required to maintain joint custody against their will? (I hope that's not the case, because if a person acknowledges they are not capable of or interested in caring for children, it would seemingly be in the children's best interest to relinquish that parent of their responsibility.) That is, if custody is not taken away from them based on those reasons first.


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yes, a parent can sign away legal and physical rights in Idaho.
Source- lived here all my life & have seen people do it.

 

[desert-blue]

yes, a parent can sign away legal and physical rights in Idaho.
Source- lived here all my life & have seen people do it.

If a parent does this, would he/she be allowed visitation? Or would it totally be up to the custodial parent? Also, would child support be required?

 

[Aunt_Tulip]

Physical custody and parental rights are two different things. Parents can not live with their children and still have very liberal or very controlled visitation, depending on the circumstances and court orders. Giving up parental rights is giving it all up, no right to decision making, no right to visit, have any contact with the child. The custodial parent or adoptive parent can decide based on what they feel is best for the child, but they no longer have a "right" to the child in any way. Speaking from personal experience, so no link, even if a parent voluntarily gives up their parental rights it doesn't happen right away. The state is very careful to make sure a parent can never come back and say they felt rushed or forced or thought they didn't have a choice. The case I was involved in took two full years for parental rights to be terminated. Eight of those months were AFTER the parent had voluntarily agree to termination of rights.

Edited to add: the personal experience was from an adoptive perspective, not a divorce perspective, just to be clear.

 

[Beezneez]

If a parent does this, would he/she be allowed visitation? Or would it totally be up to the custodial parent? Also, would child support be required?

Based entirely on the individual cases I've seen (too many!): The parent seeking the rights & custody must demonstrate they have the means to raise the child independently & that the child is best served by severing ties with the other parent.
The parent signing away gives up rights to any future claims of parenthood, visitation and consideration for legal/medical/educational/religious/ etc decisions. I haven't seen this level of action taken unless there was some extreme reasoning behind it. Usually if parents can manage agreeable visitation arrangements they would be able to come to a custodial/rights situation that is not this far.

 

[Beezneez]

Most commonly I see this in situations where one parent is dealing with severe mental health or addiction issues but not legal issues. So someone who has an incredible drinking problem but hasn't been arrested for DUI- they might have a sober/sane moment of clarity when they realize they need to let their ex raise the child alone or with new-spouse. That also opens the door for new-spouse to potentially adopt/become responsible for child.
*just an example- not specific to this case.

 

[neesaki]

Is it my imagination, or is this thread getting way off track? Seriously, what does any of at least the last two pages of posts have to do with this case, and what happened to this baby ?

 

[giagreen]

Respectfully and with no snark intended, discussing the differences between custodial parents and terminating rights is at least more...educational...than arguing over mountain lions and polygraphs for pages and pages. I'm not directing those particular topics at you, neesaki, I just think we don't have any new information to go on and are committed to keeping DeOrr's case fresh in our minds and hearts. That was my only intent, anyway.

Learning about mountain lions and polygraph test was actually pretty educational imo. At the very least it was more relevant at the time.


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