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

[GrainneDhu]

There's a pesky little obstacle to the idea of moving in with her parents. The restraining order prevents her from doing so, because her teenage son is currently living with them, and she's not allowed to have contact with him. While I wouldn't put it past her to ask them to kick him out so she could move in, I don't imagine they'd go for that. And if she's still got a lawyer representing her, presumably he'd point out to her that this wouldn't exactly add credibility to her claim to be a loving mother.

BBM

Can you give me a current link that shows the RO applies to her older child, J, as well as to baby K? When I read the RO this morning, it didn't mention J at all and the order clearly applies only to KH and baby K.

KH isn't J's legal guardian, so he has no status to file on his behalf. Whoever is J's legal guardian would have to do that.

The question of J's legal guardian is tricky, besides. If I understand matters correctly, J was legally adopted by TMH's second husband. TMH's second husband subsequently paid child support for J after TMH filed a motion in court alleging that adoptive father had not had contact with J in over three years.

Then J moved out to live with TMH's parents. And now he is living, I believe, with his biological father, who may or may not have given up his parental rights when J was adopted by TMH's 2nd husband.

Just trying to understand the permutations of custody, etc, is overwhelmingly difficult!

Unless the recent news reports are wrong (a distinct possibility based on previous mistakes), J is not living with TMH's parents anyway. So even if the RO order were to apply to him (and I don't think it does), she would still be free to move in with her parents.

 

[pinkpuddytat]

BBM

I thought her son was living with one of his fathers ... his bio dad? Or the one who legally adopted him? I cannot remember.

ETA
He did initially go to live with his grandparents.

Possibly he's no longer with his grandparents since the school year ended. My understanding is that he was attending school near their home, so he probably stayed there at least until school let out. Not sure what his father's situation is -- presumably if necessary, the boy could go live with his father. But if there isn't any obstacle to that, I wonder why he went to live with his grandparents, instead of with his father, when he left Kaine and Terri's home.

 

[Kat]

IMHO, it's like TH went from paid servant to wife, and that makes for some very bizarre marital dynamics. MOO.

Once Kyron is found and returned home (because my next thought has nothing to do with him being found) I would love to know who instigated that relationship and who pursued whom?

(I'm just nosy like that!)

 

[pinkpuddytat]

I'm not sure how it works in Oregon, but in CA & NC (the only two states I've ever lived in), you have to be MONTHS behind on payments before they would repo a vehicle. Hopefully, by then, Kyron will be at home, asleep in his own bed, safe and sound.

Not if the personal responsible for the payments -- Kaine, in this case -- calls the financing company and says he won't be making payments anymore, and please come get the car. Though in the interest of protecting his credit, he'd more likely seek permission from the court to reclaim it and sell it, and provide Terri with an old rusty clunker for transportation.

 

[Emma Peel]

I did say this earlier in the thread. There's just no fuss on this motion. Custodial parent gets the family home - especially if it's best for the children.

Until divorce goes through, Kaine & Terri will have some sort of financial agreement - he will have to continue to contribute to Terri's support through the divorce process, IMO, (it's his action, not hers) - they'll have some sort of interim settlement - so long as she's not found guilty of anything. Custody will be part of that interim agreement - and if she has no custody - then he'd be the party to keep the children AND the house, should that be his preference and what is best for the kids.

The final the divorce settlement will rule marital asset division, Terri's support and any custody issues on a long-term basis. Very short marriage, her age 40, I'd imagine Kaine's financial support of Terri would not be huge and would not be for that long. JMHO

 

[pinkpuddytat]

The older son was not listed in the RO, only the baby. And besides, he lives with his bio-dad now, not Terri's parents.

I thought all the children were included in the RO -- Baby K, Kyron, and J. Is there any solid source on this?

 

[WhyaDuck?]

I just remembered something! I live in a house that was purchased by my ex before we married. I was allowed equity based on how much the value of the home increased during the marriage. But then again, we also added my name to the title/loan in a refinance during the marriage so I don't know how they would look at it if TH was never on the title.

Well, she did have it landscaped...

 

[WhyaDuck?]

Once Kyron is found and returned home (because my next thought has nothing to do with him being found) I would love to know who instigated that relationship and who pursued whom?

(I'm just nosy like that!)

On the surface, it does sound a little Hand That Rocks the Cradle, but, honestly, back home this is pretty common. He wants free childcare, and she needs a home for her son, so the marriage makes more sense than being a paid live-in. He and DY were already split, so it was a practical match.

Sorry to bring it down to hard tack, but it isn't all flowers and candy for some people.

MOO.

 

[carole]

I thought all the children were included in the RO -- Baby K, Kyron, and J. Is there any solid source on this?

No, J is not included in the restraining order that was unsealed.

 

[Ms Suzanne]

Who's going to take care of the baby and while he works.Someone the baby is not use to?This is her baby too.She gave birth to her.She will have to get witnesses she was and is a good mother.I think people have said she was good to her baby.Terri was her primary caretaker and mommy.When she proves there was no murder for hire through the botched murder for hire investigation and no proof she will at least get joint custody of her baby.They will I hope both get psych tests.I feel they will find her sane.She was as is the primary caretaker of this child.If she does not have a lawyer she can possibly get legal aide.

 

[WhyaDuck?]

I thought all the children were included in the RO -- Baby K, Kyron, and J. Is there any solid source on this?

Only the "shared child", baby K., is included in the RO, as TH has no guarantee to access to Kyron and KH has no say over J.

You can see this and the docs in this thread:


[ame="http://www.websleuths.com/forums/showthread.php?t=108817"]2010.07.08 - The Restraining Order - Unsealed - Websleuths Crime Sleuthing Community[/ame]

 

[pinkpuddytat]

KSB – Kyron’s step-brother (KSB). Son of Terri and RT. Legally adopted by RE; currently living with RT.

As reported in http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_hormans_blended_family_f.html

Thanks. I just read through that. At this point, of course, it's a bit outdated, but it didn't indicate who has actual legal custody of J. Presumably not his legal, adoptive father, who hasn't seen him in years despite continuing to pay child support for him (presumably to Terri?). And if Terri had/has legal custody of him, he's now living with someone who has no legal relationship to him or to the person who has legal custody of him, because the bio father's parental rights would have to have been terminated for Terri's then-husband to adopt him. Even assuming Terri was getting the child support checks while he was living with her, is she still getting them? If so, that certainly ought to stop, and a court should be looking to legalize his custody and residence status.

What a mess! I really feel for this young man.

 

[gwenabob]

I thought all the children were included in the RO -- Baby K, Kyron, and J. Is there any solid source on this?

Yes. The restraining order.

http://www.kptv.com/download/2010/0708/24187664.pdf

 

[JSR]

Interesting. In some states, she could not get a dime of his retirement if they've been married less than 8 years.

Well it depends if you're talking a "pension" type retirement or 401k. and you're right it differs from state to state.

 

[gardeness]

Yes. The restraining order.

http://www.kptv.com/download/2010/0708/24187664.pdf

I only see baby K's name on this copy?

 

[pinkpuddytat]

No, J is not included in the restraining order that was unsealed.

I just read it, and neither is Kyron. That order is directly based on Kaine's petition, but I wouldn't be surprised if the judge issued some additional orders relating to Kyron and/or J. Kaine probably didn't have standing to file a RO on J's behalf (though he might have, since J had been living with him and Terri for a quite a long time until recently, and he's still married to Terri, and as far as we know Terri still has legal custody of J). But I can't see a judge believing that Terri poses such a grave threat to both Kaine AND her own baby daughter, that it's reasonable to issue an order preventing her from having any contact with Kaine or having even *supervised* visitation with the baby, and yet sees no need for protection for her 16 year old son. I was amazed that the order even included preventing her from going to the gym where she and Kaine apparently have a membership.

Whatever orders may have been issued, I sure hope child welfare services are keeping tabs on J's situation. If Terri still has legal custody of him, and there's no RO preventing her from having contact with him, she's free to demand that his bio father send him home to her immediately, and legally he'd have to comply or run out and get an RO himself (which I doubt he can do, because he's not the boy's legal father anymore!). Maybe J's adoptive/legal father, who hasn't seen him in years, but has been paying child support, has standing to get an RO to protect him -- really, SOMEBODY has to have standing to get an RO to protect this young man from his (unusual) mother.

 

[WhyaDuck?]

I just read it, and neither is Kyron. That order is directly based on Kaine's petition, but I wouldn't be surprised if the judge issued some additional orders relating to Kyron and/or J. Kaine probably didn't have standing to file a RO on J's behalf (though he might have, since J had been living with him and Terri for a quite a long time until recently, and he's still married to Terri, and as far as we know Terri still has legal custody of J). But I can't see a judge believing that Terri poses such a grave threat to both Kaine AND her own baby daughter, that it's reasonable to issue an order preventing her from having any contact with Kaine or having even *supervised* visitation with the baby, and yet sees no need for protection for her 16 year old son. I was amazed that the order even included preventing her from going to the gym where she and Kaine apparently have a membership.

Whatever orders may have been issued, I sure hope child welfare services are keeping tabs on J's situation. If Terri still has legal custody of him, and there's no RO preventing her from having contact with him, she's free to demand that his bio father send him home to her immediately, and legally he'd have to comply or run out and get an RO himself (which I doubt he can do, because he's not the boy's legal father anymore!). Maybe J's adoptive/legal father, who hasn't seen him in years, but has been paying child support, has standing to get an RO to protect him -- really, SOMEBODY has to have standing to get an RO to protect this young man from his {} mother.

BBM (and edited by me)

I really agree here - I do hope someone is watching out for him. He seems to have fallen between the cracks a little.

 

[STEADFAST]

Only the "shared child", baby K., is included in the RO, as TH has no guarantee to access to Kyron and KH has no say over J.

You can see this and the docs in this thread:


2010.07.08 - The Restraining Order - Unsealed - Websleuths Crime Sleuthing Community

It looks to me like a line or lines have been whited out, though.

 

[mrsc72]

Slightly OT but KPTV just aired 4 four minute segments of a sit down interview with KH & DY they did after todays presser. Links hopefully will be on the site soon. They answer more questions about the day he disappeared as well as others not addressed at the earlier interview. I watched the live stream from their site.

 

[gwenabob]

Slightly OT but KPTV just aired 4 four minute segments of a sit down interview with KH & DY they did after todays presser. Links hopefully will be on the site soon. They answer more questions about the day he disappeared as well as others not addressed at the earlier interview. I watched the live stream from their site.

I cannot seem to locate it. I sure would appreciate a direct link.

Thanks!