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

[scotslass]

To see her child? If I were innocent I would fire my attorney if he didn't fight for me to see my child. Unless she is worried about something bigger. Truth is the best defense. If she didn't try to hire the landscaper to kill her husband then they wouldn't have any evidence so what would she care? Just trying to think why a woman who by all accounts loved her baby very much wouldn't fight to be in her life. I can't think of any good reason.

BBM

I can,
1> she loves her daughter, she is at a tender age of 19mnths who wants to put there baby in the media spotlight? Perhaps feels she could be arrested at any time. Right now TH every move is looked at, the press are tracking her down etc .. Why put your child through the same nightmare you are living.

2. her lawyer may have advised not bringing this into the court room just yet. Doesn't mean she is not going to fight it just not at this time.

3. She may not be emotionally ready to fight KH on this, (The evidence we know is all circumstantial at this point.) Perhaps out of love for KH she couldn't take his only child from him at this time. Believes when her name is cleared K will be back with her.

4. With having to move etc, and no income perhaps she feels k is better where she is for the moment and access would be strained due to the circumstances.

With the family dynamics the way they are i can't see this being a harmonious set up.. for anyone.. A battle on this is for sure in the future but for now, with the allegations put forth I really do not think she would win any favours at this time. Courts obligations are to the child first and foremost not the parents. For now KH wins this one.

I could think of many more... It is way too early to judge TH I do not believe she has given up on her daughter, she will come out fighting at some point I believe.

 

[xin]

The house would be a wonderful place for Desiree and Tony to stay during this time. I thought that might be the biggest reason for Kaine having the house free from Terri. Yes, its important for kids to be where they are comfortable, but with Baby K and her age, this may be more of a practical move, and as stated above, preparation for a safer time in the future.

Maybe all three adults will stay at the house until something is resolved concerning Kyron and the MFH plot.

I cannot imagine this scenario, but maybe it's just me.

imho

 

[SummerRaye]

Advising her not to contest the RO at this point in time is very smart, and in her best interest, regardless of guilt or innocence. jmo

I appreciate this post because I have nooooooooooo idea about any legal stuff.

 

[ClueMeIn]

That isn't really what it says at all, it states that she will be seeking separate counsel (i.e. another attorney who specializes in family relations) to deal with the dissolution matters. That means that future custody would be determined within those procedures. The RO is a TEMPORARY matter, and can be contested at any time, but if she is only interested in the determination of custody and NOT in having any contact with KH, then the definitive way to do that is within the regular procedures for a divorce and custody arrangements. All of those arrangements can be worked out WITHOUT involving any court proceedings and in most divorce cases, that is what happens. Their separate attorneys can come to an agreement within DAYS if that is what they want.

You cannot fight the restraining order anytime you want. You can only contest for a certain amount of time, once a year.

 

[Donjeta]

Advising her not to contest the RO at this point in time is very smart, and in her best interest, regardless of guilt or innocence. jmo

I realize it's a crim def atty's job to think about only his client's best interest but wouldn't a mother feel that it is in her baby's best interest not to be completely alienated from her previous primary caretaker, particularly if said caretaker is not a danger to her family?

 

[raeann]

Interesting that many assign the motives of an angel to DY for not fighting for her child against KH, yet it is evil incarnate for TH not to do the same thing. Not trying to start an argument....just thought it interesting that TH is now in the same position as DY was almost exactly. They both had to ask themselves, what is best for my child RIGHT NOW, in my current situation?

jmo

 

[Emeralgem]

Very interesting. So maybe Houze, who we now know IS taking on the divorce, does not want any more domestic evidence coming up/going on the record.
It's almost like she's given up, seems she would want to drag this out too, but NO. Remember, references to her concern over custody issues. More skeletons, etc.

IMHO.
Thanks for link.

My understanding is her attorney is stating she plans to seek separate representation for the divorce, am I wrong?

 

[Calliope]

The dormant lawyer-wannabe in me might agree that it's the best policy not to contest, it's just that the mother in me would never, ever think it's insignificant if someone told me that I couldn't see my baby. Especially not if I was innocent of the charges against me.

I know. But I think I could be convinced.

I understand how you feel, Terri, and I know it's hard not to be with your child right now. But in order to contest this temporary order, we will have to lay our defense cards on the table and that will compromise your defense in a potential criminal trial, and if we lose that one, you won't have your daughter in your life ever again.

I wouldn't like it, but I could be convinced.

 

[JSR]

Quote
Accordingly,Ms Rackner and I agree that there is no further need for a hearing before the court and that the court may strike the scheduled proceeding from it's calendar.


Does this mean they are dropping the RO?

No it just means the HEARING is off calendar.

 

[Calliope]

Interesting that many assign the motives of an angel to DY for not fighting for her child against KH, yet it is evil incarnate for TH not to do the same thing. Not trying to start an argument....just thought it interesting that TH is now in the same position as DY was almost exactly. They both had to ask themselves, what is best for my child RIGHT NOW, in my current situation?

jmo

good point

 

[Mylou]

Interesting that many assign the motives of an angel to DY for not fighting for her child against KH, yet it is evil incarnate for TH not to do the same thing. Not trying to start an argument....just thought it interesting that TH is now in the same position as DY was almost exactly. They both had to ask themselves, what is best for my child RIGHT NOW, in my current situation?

jmo

ouch! strange how history repeats.

 

[Donjeta]

Interesting that many assign the motives of an angel to DY for not fighting for her child against KH, yet it is evil incarnate for TH not to do the same thing. Not trying to start an argument....just thought it interesting that TH is now in the same position as DY was almost exactly. They both had to ask themselves, what is best for my child RIGHT NOW, in my current situation?

jmo

It's not the same at all because DY was AFAIK never forbidden to see Kyron.
She has had plenty of visitation time and was always an important part of Kyron's life but if this RO is in effect for a year (for example), Terri's baby is young enough to forget and she'll be a stranger to her when it's dropped.

 

[raeann]

You cannot fight the restraining order anytime you want. You can only contest for a certain amount of time, once a year.[/QUOTE]

The point is, she may never need to fight the RO. If a divorce agreement is reached with custody decided there, it can be dropped by the person who requested it. Done then, and finished with no big court fight and media circus.

jmo

 

[JSR]

My understanding is her attorney is stating she plans to seek separate representation for the divorce, am I wrong?

No. That's what he said was her intentions.

 

[raeann]

It's not the same at all because DY was AFAIK never forbidden to see Kyron.

As I said, not wanting to start any kind of argument, but just saying that her motives for wanting what is best for Baby K right now, could be the same exact ones as those of DY in wanting Kyron to be in the best situation at the time.

 

[Donjeta]

The point is, she may never need to fight the RO. If a divorce agreement is reached with custody decided there, it can be dropped by the person who requested it. Done then, and finished with no big court fight and media circus.

jmo

Would anyone care to guess what are the odds that Terri and Kaine are going to have an amicable divorce and settle the custody in a mutually acceptable manner out of court after all this?

 

[seeking truth]

Sigh.
It is all I can do from brain vomiting via my fingers on this computer. I've lurked through this case most of the time and its a struggle to keep from just, IDK...TYPING.
I don't even know what would be best for kaine and the baby after I've thought about it. She WILL know where they are and since no one knows what TH's mindframe is at the present time...who knows if she will respect the RO.
We do know that IF she respects the RO, she will have to move out when Kaine and the baby aren't around. So, if I am thinking logically (which is a stretch) TH will most likely move out before KH and the baby move back in...it most certainly could go the other way, but this seems like it would work better.
As for TH not contesting to see her baby...that kind of makes me uber curious. I do not have any kids and prolly won't (if i cant raise 2 70lbs dogs correctly...sheesh!!) so I don't know the ins and outs of PPD or parenting...but while she has some legal stuff on her plate...showing that she wants to see her baby would make me feel a tad bit more compassion for her.

All my window of opinion.

To SummerRave,

As to the words of your post I bolded I just wanted to say, thanks for your very creative use of the English language and for some dark comedic relief. (Creative people are often not the most logical, though I'm not saying that YOU are not logical!)

As to the part of your post that I underlined, I am hoping, along with others here, that, in the knowledge and horror and senselessness of the great possibility that Teri hurt Kyron and attempted to have Kaine murdered, Terri she is actually doing a selfless and compassionate deed, at this time, by not fighting to see Baby K.

We can always hope, even though it often appears that there is no hope for any type of redemption in some of our fellow human beings.

My thoughts and opinions, and thanks for the laugh amongst the horror of this all.

 

[Donjeta]

As I said, not wanting to start any kind of argument, but just saying that her motives for wanting what is best for Baby K right now, could be the same exact ones as those of DY in wanting Kyron to be in the best situation at the time.

Maybe but the effect upon the baby is far more devastating, IMO. It's huge for a child of that age to be completely separated from the person who has been taking care of her most of the time, and she's recently lost her brother too.

 

[debirlfan]

Hi AlexisFresca,
I take note that it does not say " someone else " "someone in addition to " or " TH is not the only one who might know what happened to Kyron ".... It's such a clear little sentence : "someone other than "......

All JMO

If she handed Kyron off to someone for safekeeping, she might not know exactly where they currently are.

 

[Robyn623]

http://www.kgw.com/news/local/Court...n-kyron-horman-contempt-sexting-98270654.html

PORTLAND, Ore. -- The father of missing Portland boy Kyron Horman wants his estranged wife held in contempt of court, accusing her of violating a restraining order against her. The document also alleged she was having a sexual affair with one of Kaine's childhood friends.


With all the stuff going on I cannot believe she took the time to exchange graphic texts with KH's friend. I wonder if there was anything going on with these 2 prior to Kyron going missing.