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

[AnaTeresa]

And as for defending anyone's constitutional rights, I stand for Kyron and his 14th Amendment rights-- to life and liberty.

The 14th Amendment states, "Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. "

While I do believe that Kyron had a human right to life and no one had the right to take that from him, the 14th Amendment's Due Process clause generally refers to unequal treatment under the law.

 

[cluciano63]

I wish I thought that any of this would help discover what happened to Kyron...

 

[freefallzzzz]

Last paragraph of filing..

 

[kappy50]

It's unfortuate that KH did not exercise his parental rights on behalf of the children by not removing them long ago if he thought that TH was "emotionally unstable and a unfit Mother".... I'd feel the same if the shoe were on the other foot.

 

[debs]

Guess they'll release those property division papers next.

 

[grandmaj]

In due time whoever harmed Kyron will be brought to justice. Terri has not been charged. So why would she assert her rights not to speak at this time? Because she thinks she might be charged? Double edged sword.

When LE is ready to make the case stick they will make their move. In the meantime Terri finds herself in the pickle she has created for herself. When LE is ready it will happen. And Terri being Terri will probably get herself in more hot water in the mean time IMO. She can only go so long living under Houze's rules.

This predicament is of her own chosing. I feel bad for those that were trampled on and Terri IMO is not one of them.

With regard to Baby K's rights to see her mother? Over-riding that right is Kaine's responsibility and the State's responsibility given the circumstances, to keep Baby K free from harm. Without Terri's cooperation it cannot be assured that she will be safe from harm. So if baby K's rights are being violated Terri is responsible for that not Kaine or the State. Every other parent undergoes screening in a divorce settlement. Bunch tried to backdoor this visitation hoping that he could gain this without going through the family court's procedures related to parenting and custody. It didn't work.

It is really pretty simple. Cooperate.

 

[BeanE]

if you read the entire document the quoting of case law was astounding.
------

yes BeanE we will all need the lawyers to further delve into this one...that being said

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she made very good points here and I applaud her for her representation of not only Kaine.. but of Kyron and his baby sister.

I pray that soon there will be actual movement in Kyron's case... I think that is what all of this bickering back and forth hinges on. MOO.

and even than.. the bickering may not end.... but this all about Kyron right? where is Kyron and who took him from his school that day.

thanks for this link/thread free!

BBM. I wish it was - it certainly should be - but it hasn't been about Kyron for quite some time, and that's nothing but shameful.

I hope while all this other carp is going on, LE is trying to figure out what happened to Kyron.

 

[gwenabob]

I wish I thought that any of this would help discover what happened to Kyron...

Maybe it will. Even if it doesn't, just handing the baby over to TH won't find Kyron either. And you might end up with another casualty.

 

[Pensfan]

As long as she realizes that reasonable discovery will be required by the court from Kaine's attorney. I hope he's ready for that.

What is it that you are implying about Kaine? Please state what he should "be ready for".

TIA

 

[citigirl]

It breaks my heart that Baby K cannot see her mother....I have no doubt she was attached to her...

It makes me very angry at Terri, whose choices are causing this little girl pain...

 

[Emma Peel]

well, gee whiz, if these two sides didn't love flingin' the verbal barbs at each other so much, we'd all have cleaner houses now wouldn't we? :crazy:

 

[ThoughtFox]

Last paragraph of filing..

I read that as Kaine's attorney giving TH "one more chance" and if they keep pushing and accusing Kaine of being unreasonable, they'd better watch out because alot more stuff is going to hit the fan.

But then I'm not a lawyer (only the mother of a future lawyer, LOL). :angel:

 

[ThoughtFox]

An innocent child has a right to be safe. That was Kyron's right, too, but clearly it didn't work out. We don't need a double tragedy.

It's always sad when a mother is incapable of maintaining a relationship with her children. But unfortunately lots of women make stupid choices in life.

 

[nursebeeme]

In due time whoever harmed Kyron will be brought to justice. Terri has not been charged. So why would she assert her rights not to speak at this time? Because she thinks she might be charged? Double edged sword.

When LE is ready to make the case stick they will make their move. In the meantime Terri finds herself in the pickle she has created for herself. When LE is ready it will happen. And Terri being Terri will probably get herself in more hot water in the mean time IMO. She can only go so long living under Houze's rules.

This predicament is of her own chosing. I feel bad for those that were trampled on and Terri IMO is not one of them.

With regard to Baby K's rights to see her mother? Over-riding that right is Kaine's responsibility and the State's responsibility given the circumstances, to keep Baby K free from harm. Without Terri's cooperation it cannot be assured that she will be safe from harm. So if baby K's rights are being violated Terri is responsible for that not Kaine or the State. Every other parent undergoes screening in a divorce settlement. Bunch tried to backdoor this visitation hoping that he could gain this without going through the family court's procedures related to parenting and custody. It didn't work.

It is really pretty simple. Cooperate.

amen grandma!

 

[nursebeeme]

BBM. I wish it was - it certainly should be - but it hasn't been about Kyron for quite some time, and that's nothing but shameful.

I hope while all this other carp is going on, LE is trying to figure out what happened to Kyron.

oh the webs that weave together...

yes they are interconnected..

one day soon I think we will see them all strung out.

MOO

 

[debs]

An innocent child has a right to be safe. That was Kyron's right, too, but clearly it didn't work out. We don't need a double tragedy.

It's always sad when a mother is incapable of maintaining a relationship with her children. But unfortunately lots of women make stupid choices in life.

You're right. His rights have been violated. They may be terminated for all we know. That is absolutely right. But the State cannot then step on everyone else's rights, or even just one other someone's rights, in order to find out who that person is that took Kyron's rights away.

We don't know who took him. We have suspicion. We have logical processes which simply point that way because that's the way our logic works. What we don't have is someone charged with this right's violation against Kyron. And taking away the suspect's rights in the hopes of returning Kyron's rights violates everyone's rights.

 

[pufnstuf]

You're right. His rights have been violated. They may be terminated for all we know. That is absolutely right. But the State cannot then step on everyone else's rights, or even just one other someone's rights, in order to find out who that person is that took Kyron's rights away.

We don't know who took him. We have suspicion. We have logical processes which simply point that way because that's the way our logic works. What we don't have is someone charged with this right's violation against Kyron. And taking away the suspect's rights in the hopes of returning Kyron's rights violates everyone's rights.

Fortunately for Terri, none of her rights have been violated.

Unfortunately for Kyon, his have.

 

[debs]

Fortunately for Terri, none of her rights have been violated.

Unfortunately for Kyon, his have.

That's right. But we can't then cheer for violating Terri's rights in order to restore or vindicate the rights taken from Kyron. That serves no one's rights at all.

 

[Dee10]

Happy birthday baby K!!!

There is no doubt in my mind TH is having a hard day!

However, under the law...she fully chose her course and it is what it is, "under the law". TH had choices...she chose (she had the best legal advice) what is best for her. Hello (not trying to be snarky at all), she has the best lawyer, unless someone thinks knowing what he (Houze or Bunch) does or is it suggested he is incompetent, and they know better? Debs do you have concerns here?

 

[ThoughtFox]

That's right. But we can't then cheer for violating Terri's rights in order to restore or vindicate the rights taken from Kyron. That serves no one's rights at all.

She has the right to be represented by a defense attorney. She also has the right to speak out.

No one is trampling on her rights under the system.

But we also can't use a time machine to go back to the day before Kyron disappeared and make everything better for her. That's not the job of society to soothe TH's feelings and tell her everything is going to be okay. At some point reality has to set in for everyone involved.