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

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SBM & BBM

Here is part of my frustration. I have seen absolutely ZERO posts from anyone suggesting that TMH be given unsupervised visitation.

What I, and apparently others, believe is that it would be in Baby K's own best interests to have carefully supervised visitation with her mother.

Such visitation could and should involve continuous observation by a qualified third party, security measures in place (which would include armed security guards), etc.

I just made a post in which I described what my husband had to do: allow visitation with his son for his ex, who had been convicted of custodial interference and neglect (which almost resulted in their son's death).

Sometimes two empathetic people can see things differently.

I so very much admire you for maintaining a difficult position that can not have ever been easy.

I served as the supervisor for court-ordered supervised visitation for non-custodial visitation. It was gut-wrenching. I agree with your position that, in many cases, it is in the best interests of a child to know and maintain some kind of communication with even a generally lousy parent. But there was one case that disturbed me and still does all these twenty-something years later. In that case, the demeaner of the mother towards her two sons was outright disturbing. I believe she only maintained visitation as a matter of vindictiveness and defiance. No love or affection was evident whatsoever. There seemed to be nothing redeeming about the visitations for those precious two sons.

From that experience, I came to believe that any parent restricted to supervised visitation should be required to attend therapy and should only see the children in the presence of a therapist knowledgeable about their specific case. Visitations can be healing for children, but can also be very damaging, even in very short time periods.

Your stepson and husband are very very fortunate to have you in their lives. I wish every child of divorce were surrounded by people who put the kids' needs above their own.
 
That would mean her attorneys go into this totally blind. I can see why they wouldn't go this route, and I don't think it's fishy.

I thought one of the maxims of trial lawyers (both civil and criminal) was "never ask a question in court that you do not already know the answer to"?
 
Okay but can't she also force Kaine to testify, and wouldn't Kaine stand to lose if he's just made up some malignant allegations and hasn't got the proof that LE said any of these things to him?

I believe KH when he says that is what LE told him. I suspect TMH and her lawyers also believe that.

But KH's testimony cannot give information about how much evidence LE had to back up the allegations nor how credible the witness(es). All he could say was "I believed them" which does not say anything about how credible the accusations are.

Without being able to even identify the person who made the MFH allegations, there is no way to assess his credibility.
 
I'd probably do almost exactly what they are doing. I don't know that they have much of a choice. They are protecting her as best they can. But that is assuming she is guilty. If innocent, my strategy would be different.

As an attorney, gitana, would you make your own judgment as to whether TMH was innocent or guilty? Or would you rely solely on TMH's assertion of innocence?

In other words, is it possible that TMH's attorneys are proceeding as if she is guilty, regardless of her own assertion of innocence?
 
if i remember correctly, its not an attorney's job to determine or surmise if their client is guilty or not. their job is to build the best possible defense for you, the client. they also encourage you to tell the truth to them at all times to their questions. however, considering the times we are living in, i wonder how much of that actually happens. :|
 
I'm not an attorney but IMO the mere fact that Bunch had to admit that they would advise Terri to assert her rights under the Fifth Amendment, and that there are areas in which she may incriminate herself if the divorce moved forward is a huge red flag.

How could she incriminate herself if she has not lied, been a party to the matters she is accused of, or participated in some way of disappearing Kyron?

Admitting that your client could possibly incriminate herself in a pending criminal proceeding is big! :cow:
 
Thank you for sharing your touching story. I am glad your son survived and it sounds like he is doing ok.

However, I have to disagree with the theory the social worker put forth to you. While I agree it is detrimental for a child to be abandoned by a parent, I have to assert that it is even MORE detrimental to force a relationship with a parent that is based on physical and mental cruelty. He thought she didn't love him because she walked away. Would he have felt she loved him more if he continued his childhood with an abusive mother? At least he did not have to live his whole childhood in that abusive lifestyle, only to pass it on to another generation. Thank goodness he had you and his father to show him a better way.

I think sometimes that needle we give our kids with our eyes closed can represent excising an evil person out of their life as well. Just because a person can reproduce does not mean that person has the capacity or will to be a good parent. I do not think children should bear the brunt of bad parenting just because the latest social services theory says it is best.

Again, thank you for sharing.

Keep in mind that this took place over 30 years ago, so it's hardly a new theory.

It wasn't a case of just turning him over to his mother to do with as she pleased. She got something like 12 hours a week (my husband still has all the legal papers but they are up in the attic now) under extremely close supervision.

There was a social worker sitting right in the room with mother and son for the duration of every single visit. That person observed everything his mother said and did with him and had the authority to stop her and even remove her from the building if they thought his mother was doing anything wrong.

If the standard of care is "absolutely risk free" then no one would be allowed to put their child in their car to take them anywhere. The conditions of her visitation were set up to be as protective of my stepson as possible while still allowing contact.

My point (and I do have one!) is that supervised visitation can be arranged to benefit the child while minimizing the risks to a reasonable level, similar to or less than the normal sorts of risks children are exposed to every day.

Off topic but part of the rest of the story: my stepson was diagnosed with traumatic brain injury last summer, which is something his father has been suspecting for over 30 years. He'd gotten all sorts of testing as a baby and child which showed nothing but apparently medicine has moved forward quite a bit since then.

He has several deficits in reflexes, which really startled both his father and me. He was never an athlete or anything like that but he never seemed unusually clumsy or anything like that. Plus he has problems processing written information; it isn't dyslexia or dysgraphia but something different. He does much better with spoken information.

If only we'd known that when he was younger! Of course, back then, it would only have gotten him placed in the classes for the developmentally delayed (what few of them there were back then).

It makes more sense of his legal problems as an older teen and young adult; the neurologist who diagnosed him told him that emotional regulation is often one of the results of traumatic brain injury.

I feel really guilty now for every time I scoffed (to my husband, never to my stepson) whenever my stepson would say "I just did it and I don't know why." I thought he was evading responsibility for his actions. Now I realize that he was just telling the truth, he really didn't know why he did certain things.

I wish I could kick myself for every time I thought "you little weasel." I'm not physically capable of doing so and what tangible good would it do? My only comfort is that I never said it to my stepson directly although I think he probably picked up on my emotions.

Damn, damn, damn.
 
What question would you have asked Terri as she exited the courtroom Thursday? How about "Terri are you pregnant?". I wonder what brought that up.

[ame="http://www.youtube.com/watch?v=OfC_Yz8lbTc"]http://www.youtube.com/watch?v=OfC_Yz8lbTc[/ame]
 
I think the reporter who asked that question just wanted to get her to look her/his way...

As far as the funds for TH's defense go, I don't think it could be pro bono as if that were the case, money would not have been paid to anyone, there would be no third party. I am wondering if it came from an organization that helps defend people without funds, that would not be a gift or a loan.
 
I think the reporter who asked that question just wanted to get her to look her/his way...

Diane Downs got pregnant while the investigation was going on. Some women like to be pregnant. Not because they love children, but because they like the attention. Plus it more or less anchors a man to them for awhile.
 
I think the reporter who asked that question just wanted to get her to look her/his way...

As far as the funds for TH's defense go, I don't think it could be pro bono as if that were the case, money would not have been paid to anyone, there would be no third party. I am wondering if it came from an organization that helps defend people without funds, that would not be a gift or a loan.

I doubt it. Too much of coincidence that TH's parents just refi'd their home. jmoo
 
What question would you have asked Terri as she exited the courtroom Thursday? How about "Terri are you pregnant?". I wonder what brought that up.

http://www.youtube.com/watch?v=OfC_Yz8lbTc

That's wacky! My guess is that the reporter wanted to rattle her, not just during the exit but later, as she's looking in the mirror. Everyone knows the best way to offend a woman is to ask if she's pregnant, especially if she's not. Crazy though! Of all the questions to ask....
 
Are any of the local's familiar with this reporter? Sometimes I "vet" my local news by how credible the particular reporter has been in the past. Is this an investigative reporter?
 
That's wacky! My guess is that the reporter wanted to rattle her, not just during the exit but later, as she's looking in the mirror. Everyone knows the best way to offend a woman is to ask if she's pregnant, especially if she's not. Crazy though! Of all the questions to ask....


IIRC Terri addressed this on FB, that after baby K getting pregnant was no longer an option.
 
What question would you have asked Terri as she exited the courtroom Thursday? How about "Terri are you pregnant?". I wonder what brought that up.



Good grief, I hope those "reporters" and I use the term loosely aren't being paid to ask such dumb questions.
 
What question would you have asked Terri as she exited the courtroom Thursday? How about "Terri are you pregnant?". I wonder what brought that up.



Good grief, I hope those "reporters" and I use the term loosely aren't being paid to ask such dumb questions.

I see the question as nothing more than a desperate attempt to get some kind of facial expression from Terri besides the stoic one she held going into the hearing Thursday and also the one last month. Questions as to Kyron's location have yielded nothing from her, so somebody thought this up.

Shoddy tactics, IMO.
 
I see the question as nothing more than a desperate attempt to get some kind of facial expression from Terri besides the stoic one she held going into the hearing Thursday and also the one last month. Questions as to Kyron's location have yielded nothing from her, so somebody thought this up.

Shoddy tactics, IMO.

Perhaps. But what if it is true? Diane Downs got pregnant right away. It is not unheard of.
 
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