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

[carole]

Wow. Won't talk. Will hire hitmen and come on to other men. Possibly steal her child back if she could. And now she wants money? Are we going from Casey to Joran or what? Good thing you're not in Peru, TH. There you might get a dirty cell all to yourself, and that would be your biggest luxury. Money. You have got to be kidding me. What next, TH? Why don't you sell that flashy car of yours? I could go on, but I'd get in trouble.

God, I am going to be sick if Kaine has to give this woman one cent or pay for her lawyer. Well, unless she gives up Kyron, but still, you can't put a price tag on that.

Maybe the car isn't in her name, could be just in Kaine's name.

 

[gitana1]

I think Oregon is a community property State.
Kaine was married to Terri when the babe was born. He likely is the father on the birth certificate. That makes him her father.
He would have to prove that he isn't.
Why would he want to do that? Why would he even think of going there?

moo

Apparently, OR is NOT a community prop state. It is an equitable division state, which gives the court more leeway, I would think, in dividing the property.
In many states, like my own, a child born during the marriage is the child of the married couple, regardless of DNA.

 

[eyes4crime]

Considering there are no concrete facts, no evidence, and only allegations based on innuendo and speculation, I highly doubt any judge would take the chance of booting Terri out to the streets to test her self-survival skills.

Maybe a financier will sit down and figure out how much it would have cost Kaine to hire a CEO/project manager/department head to watch his children, take care of his home, and make things run efficiently 24/7. a stay at home mom is worth a lot, she puts baby care in front of self care. Until there is something in this case more concrete than gossip, that's where I stand. :run:

 

[newone]

Maybe the car isn't in her name, could be just in Kaine's name.

That would be a great item to auction off on her behalf. Perhaps Kaine is the only one who purchased the family home (hopefully) and unless she can demonstrate that she contributed to purchase that was a premarital asset hopefully.

 

[Jaxson]

Seems to me that Terri certainly should get some money from Kaine. She has not been found guilty of anything. She is not charged with any crime and the state won't even say she is a suspect. Why shouldn't he have to hand over some financial support until she is on her feet. She was a stay at home mom. He wants custody and the house. His attorney can say he doesn't want to give her money unless she cooperates and helps them find Kyron but LE says she is cooperating. There is nothing that says she knows where Kyron is. It doesn't really matter what everyone THINKS. Or how everyone FEELS about it. The fact is she is innocent until proven guilty.

I can't get past that. Give me facts, give me proof, not some lawn guy who says she said....not a husband who is slinging mud and distracting everyone from focusing on his missing son...not a bio mom who 'knows' she had something to do with it and says she has been a liar for years (why was she raising your child if she was a pathological liar?)

I am not saying she is innocent....I am saying she hasn't been proven guilty and until she is she has the same rights as any other woman who's husband took their kid and snuck out and filed for divorce.

 

[gitana1]

She hasn't been arrested. LE has not even said she is a POI, or suspect.

No proof has been offered to the public, no evidence.

The only thing so far that looks fishy concerning her is that she should have known better than to have left him in the hall, not knowing if the teacher was in the classroom, and knowing the public was allowed on school grounds that am.

She did not do due diligence concerning Kyron that morning.
That much is true.

Everything else, so far is heresay.

I'm not saying she is innocent, I am saying that the info we have is from desperate parents, media spin, and LE who is allowed to use deception.

She is keeping her mouth shut, and not even fighting for her daughter.
This makes little sense since she allegedly used deception in an attempt to abduct her.

She must miss her daughter very much.
She too has lost everything, just as Kaine has.

I want more real evidence.
But I really want Kyron found!!!!

We have more than media spin, desperate parents and LE deception here. We have a family law judge who saw fit to grant a temporary RO which keeps TH from her own baby girl. Possibly even more important is the fact that apparently, TH has chosen not to contest the mov e out order, the permanent RO request or the no parenting time request with her own child. Nothing speaks louder to me than that. An innocent person would fight tooth and nail to see their baby, IMO.
This woman is not behaving like a grief-stricken person who has lost everything and is being falsely accused. She's having fun with some new guy and refusing to cooperate with LE in the investigation into the disappearance of the little boy she raised. If found to have committed DV, she will likely not get spousal support. It's not a community property state, so the court may be creative in denying her an award of property. My guess is the most she may get is a small attorney's fees award from liquid joint assets.

 

[Aedrys]

I also don't want her using Kaine's funds to flee the country. I say she hands her passport over and she shouldn't be allowed to leave the area. Maybe the car is in Kaine's name, but he doesn't seem to want it. She should hand over the keys to it too. I really am afraid if he has to pay her money, she'll be gone next chance she has. She doesn't have much else to lose at this point.

She has already shown she's unstable, and I don't want her unstable with funds. No telling who she'd hire next or where she would go. Only place I approve of is a mental hospital.

 

[x_files]

Considering there are no concrete facts, no evidence, and only allegations based on innuendo and speculation, I highly doubt any judge would take the chance of booting Terri out to the streets to test her self-survival skills.

Maybe a financier will sit down and figure out how much it would have cost Kaine to hire a CEO/project manager/department head to watch his children, take care of his home, and make things run efficiently 24/7. a stay at home mom is worth a lot, she puts baby care in front of self care. Until there is something in this case more concrete than gossip, that's where I stand. :run:

I agree with you raising three kids was a f/t job.
Unless she is convicted of a crime she is still treated as innocent and therefore there's laws to protect her, otherwise she is being tried in the media.

 

[gitana1]

Seems to me that Terri certainly should get some money from Kaine. She has not been found guilty of anything. She is not charged with any crime and the state won't even say she is a suspect. Why shouldn't he have to hand over some financial support until she is on her feet. She was a stay at home mom. He wants custody and the house. His attorney can say he doesn't want to give her money unless she cooperates and helps them find Kyron but LE says she is cooperating. There is nothing that says she knows where Kyron is. It doesn't really matter what everyone THINKS. Or how everyone FEELS about it. The fact is she is innocent until proven guilty.

I can't get past that. Give me facts, give me proof, not some lawn guy who says she said....not a husband who is slinging mud and distracting everyone from focusing on his missing son...not a bio mom who 'knows' she had something to do with it and says she has been a liar for years (why was she raising your child if she was a pathological liar?)

I am not saying she is innocent....I am saying she hasn't been proven guilty and until she is she has the same rights as any other woman who's husband took their kid and snuck out and filed for divorce.

Except he is not the same as any other person whose husband filed for divorce. He also filed a petition for a domestic violence restraining order that included a request for no parenting time to her and no contact with her child, and the judge agreed on at least a temporary basis. DV is serious and since she does not seem to be contesting it, there seems to be something to the allegations.

 

[Aedrys]

LE, I'm just saying, if you have enough, NOW would be the time to arrest her. I hope you're paying attention.

 

[gitana1]

I also don't want her using Kaine's funds to flee the country. I say she hands her passport over and she shouldn't be allowed to leave the area. Maybe the car is in Kaine's name, but he doesn't seem to want it. She should hand over the keys to it too. I really am afraid if he has to pay her money, she'll be gone next chance she has. She doesn't have much else to lose at this point.

She has already shown she's unstable, and I don't want her unstable with funds. No telling who she'd hire next or where she would go. Only place I approve of is a mental hospital.

You know what? The allegation that she tried to pay for a hit man may be a good legal argument against an award of any joint funds. Hmmmm.

 

[Jaxson]

We have more than media spin, desperate parents and LE deception here. We have a family law judge who saw fit to grant a temporary RO which keeps TH from her own baby girl. Possibly even more important is the fact that apparently, TH has chosen not to contest the mov e out order, the permanent RO request or the no parenting time request with her own child. Nothing speaks louder to me than that. An innocent person would fight tooth and nail to see their baby, IMO.
This woman is not behaving like a grief-stricken person who has lost everything and is being falsely accused. She's having fun with some new guy and refusing to cooperate with LE in the investigation into the disappearance of the little boy she raised. If found to have committed DV, she will likely not get spousal support. It's not a community property state, so the court may be creative in denying her an award of property. My guess is the most she may get is a small attorney's fees award from liquid joint assets.

I have filed many RO's and they are temporary until court. You can say whatever you want to get them and they will be granted temporarily almost always. Then you go to court to fight them, which she has not had opportunity to do. You can't just go in whenever you feel like to fight it. You get a court date. She has a court date now. Let's see if she fights toothe and nail for visitation before we say she isn't. You do not know if she will fight it or not and since she doesn't have job she is not in a position to pay the mortgage so why would she fight that? She would lose either way. If she fought it and stayed in the house it would go into foreclosure and it would be gone to both of them. It would be stupid to try and keep the house even if she had a job based on what a teacher would make.

 

[AnaTeresa]

You know what? The allegation that she tried to pay for a hit man may be a good legal argument against an award of any joint funds. Hmmmm.

How much proof would they need in family court? Is there a higher standard of proof - such as being able to take it to trial (or at least a grand jury) needed to use it as evidence? Or can it simply be a statement such as "Law Enforcement gave me probable cause to believe...."? Does the family court judge have to see the evidence, or are statements that it exists enough?

 

[Emma Peel]

Teachers (public school) are in unions. There has to be a successful criminal or civil action brought to remove a teacher with seniority in a union. Hands are tied there. School Board can put them on paid admin leave while case is pending... That's about it.

Terri is not a teacher yet. Some sort of charges will be brought against her. She may not be convicted. But ... with all the publicity - and the photo-sexting history alone - why on earth would any school district hire her?

IMO, They would not.

This is actually really hard to guess on. It's been 5 years since the DUI/CE charges, but that might stop her )I don't know if those things ever expire in terms of teaching credentials). But in regards to Kyron's case, she might be safe - some school boards have to follow the laws about holding suspicion against a person without charges/convictions.

I remember a case a while back about a woman whose child died (I won't say how, as that would lead to a debate about how TH was worse, and about the pros and cons of this example's offenses - suffice it to say, it could have brought significant charges). She worked as an educator in a high school, and there was substantial resistance from the parents for having her retain her job working with their kids. The school board decided their hands were tied, since charges were dropped and she was not convicted.

Not saying this was right or wrong, but just that it is not certain TH will never teach again without charges/conviction - she just has to find the right board and district.

A bit scary, though. The fact is, you can't hold suspicion alone against a person. MOO.

 

[Jaxson]

Except he is not the same as any other person whose husband filed for divorce. He also filed a petition for a domestic violence restraining order that included a request for no parenting time to her and no contact with her child, and the judge agreed on at least a temporary basis. DV is serious and since she does not seem to be contesting it, there seems to be something to the allegations.

She can't contest it until the court date. So I am not going to assume there is something to the allegations.

Judges sign off on almost all temp. requests.

 

[adh74]

I think it would make a difference if we knew how much she is wanting. Setting up housekeeping isn't cheap.
I think KH should have a dna test done on the baby. Ouch, I didn't want to say that but I have been thinking it.

BBM.

Normally, I'd 10,000% agree with you that a DNA test should be done whenever cheating is even a remote possibility. However, in this case, I'd hold off on that for now. What if KH isn't baby K's biological father? Then Terri would get full custody. And that would clearly not be a good/safe thing for baby K. She's better of *right now* with KH, even if he's not her biological father. As far as she's concerned, he's her daddy. And since her mommy is [insert things that would get me a TO here], she's better off to just hang with KH until Kyron is found and/or any charges that may/may not be made against TH are figured out.

 

[Marple]

If you place yourself in Kaine's shoes, pretend for just a second that your child is missing and your wife was the last one to see him. Pretend you just found out your wife is sexting etc. with a friend of yours from highschool. Would you feel obliged to give them money? I wouldn't do it until a judge ordered it.

To be honest, I've yet to see any man going through a divorce who felt "obliged" to give his soon-to-be-ex-wife money. Most do wait until a judge orders it.

 

[wondering1]

Oregon is not a community property state.

So this leads me to the speculation...what if KH isn't Kaine's child? :O Would Terri get her back?

Some states have statutes creating presumptive paternity in the husband of a wife that gives birth during the marriage. I think Oregon has such a statute. I also read where Oregon courts have precluded a mother's challenge to paternity based on equitable estoppel, especially when the challenge has been asserted the context of custody proceedings. I doubt kh would get sole custody if he wasn't the father, though, unless the court continued to find that the baby's best interests are to have no contact. In that case, if KH were to get full custody, the bio dad or other bio relation might be able to challenge his paternity. The article I read was too dense for me to digest all the details in a quick read through, but I'll link it in case someone has the time and energy

familylaw.uoregon.edu/docs/challengingpaternityorders.pdf

 

[newone]

To be honest, I've yet to see any man going through a divorce who felt "obliged" to give his soon-to-be-ex-wife money. Most do wait until a judge orders it.

The only time I have seen men willing to be generous is when they really want to be rid of her.

 

[PaulaF513]

LE, I'm just saying, if you have enough, NOW would be the time to arrest her. I hope you're paying attention.

Yes...instead of destroying her slowly with hearsay and suspicion and tawdry tales of sexual prowess. Instead of kowtowing to public pressure and media frenzy... Instead of taking away her baby, her home, her reputation as a good mother...base your suspicions on evidence and charge her accordingly.

If she did indeed cause harm to come to little Kyron, she deserves the full measure of punishment the law allows.

If her only crime is cheating on a husband (who it was alleged by the Landscaper) cheated on her, mind your business and solve the crime of the missing child.