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

[Doodles]

"Horman divorce proceedings delayed"

http://www.kptv.com/story/15682200/horman-divorce-proceedings-delayed

 

[Melanie]

I don't get it. What intense media scrutiny. I haven't heard about Kyron in months and months.

Is this so Terri doesn't have to go through a deposition? If that's the case, I presume he will never get a divorce.

When will the judge decide enough already! If Terri has information that can lead to finding Kyron, then lets get on with it.

MOO

Mel

Because of the intense media scrutiny of Kyron's disappearance, lawyers for Terri Horman contend that divorce proceedings between the two cannot continue in a fair manner.

 

[Donjeta]

So if Kyron's case is never solved is she just going to insist on staying married to Kaine indefinitely?

Is that fair to anybody?

 

[angelmom]

I don't get it. What intense media scrutiny. I haven't heard about Kyron in months and months.

Is this so Terri doesn't have to go through a deposition? If that's the case, I presume he will never get a divorce.

When will the judge decide enough already! If Terri has information that can lead to finding Kyron, then lets get on with it.

MOO

Mel

Because of the intense media scrutiny of Kyron's disappearance, lawyers for Terri Horman contend that divorce proceedings between the two cannot continue in a fair manner.

BBM...To be fair, I'd guess they're talking about the fact that a divorce proceeding being delayed made the news. I mean, does that normally go in the newspaper with a picture of the couple?

Yes, it would be nice for Kaine if he could get the divorce finalized. However, on the chance Terri is innocent, how unfair would it be for a judge to decide on custody and division of assets while influenced by the idea that she is guilty?

I am imagining one of two scenarios that could be really bad if this goes forward:

1) Terri is guilty of harming Kyron. Judge rules in the divorce that there is no evidence of that or the murder for hire. He grants Terri shared custody (or maybe more since Kaine has been keeping Baby K from her!) and some alimony. Later evidence surfaces to prove that Terri really is guilty and the judge looks like a moron for giving her access to yet another of Kaine's children. OR she does something to Baby K and the judge looks like even more of a moron.

2) Terri is not guilty of harming Kyron or the MFH. Judge errs on the side of the safety of Baby K and grants her no custody and only occasional supervised visitation. He orders her to pay child support, even though she has no income. Later evidence surfaces that exonerates her completely. Judge looks like a moron for letting rumor and media coverage determine a divorce case and putting the final nail in the coffin for this baby's relationship with her mother.

No judge wants to be in either position so, IMHO, this will keep getting put off until there is either some resolution or something that makes it more urgent (i.e., Kaine wants to get remarried, sell the house, etc.).

 

[daisy7]

The divorce has always been delayed due to that TH would probably plead the 5th at the advice of her attorney, right? So, what is up with this new media scrutiny angle?

More importantly, where is Kyron?!

 

[cluciano63]

We don't really know if Kaine is chomping at the bit for the divorce and being thwarted at every turn. He has a good attorney; perhaps they are all in agreerment? I would think he or his lawyer would be outraged and not quiet about it, if they were being treated unfairly by the courts and made to wait what will be close to two years from filing to next court date against their will. JMO

 

[Cazzie]

This seems so beyond ridiculous to me. It prevents Kaine from moving on, legally, in the marriage arena. If it were me, I couldn't get divorced fast enough (as long as I was protecting baby K). Perhaps there is some strategy in prolonging it (such as keeping custody and visitation of baby K from Teri, longer).

And yeah, most importantly, where is Kyron?

 

[Donjeta]

I suppose he could see it as a safe option if he's not eager to get remarried.

If the divorce goes to a trial, there is maybe a possibility that Terri's lawyers make a good argument and the judge decides to give Terri visitation, or more. If it's postponed it means six more months of the status quo, of Terri not seeing her child and I expect that Kaine's lawyers can use every month as an argument for keeping the status quo. The longer Terr's side stalls it the more difficult it is for them to upset the present living arrangements if they can't find fault with Kaine's parenting. If it's been two years since Terri's last seen her baby she's better have a good argument why she's better off with her than with the father in the home she's used to living in. IMO and IANAL.

 

[Wholehearted]

I should probably ask this over on the legal thread, but I wonder if there's any limitation on the number of the delays for the divorce proceedings. I mean, could things go on for years like this?

Hoping that some clue to Kyron's whereabouts is found soon.

 

[MissJames]

I suppose he could see it as a safe option if he's not eager to get remarried.

If the divorce goes to a trial, there is maybe a possibility that Terri's lawyers make a good argument and the judge decides to give Terri visitation, or more. If it's postponed it means six more months of the status quo, of Terri not seeing her child and I expect that Kaine's lawyers can use every month as an argument for keeping the status quo. The longer Terr's side stalls it the more difficult it is for them to upset the present living arrangements if they can't find fault with Kaine's parenting. If it's been two years since Terri's last seen her baby she's better have a good argument why she's better off with her than with the father in the home she's used to living in. IMO and IANAL.

I completely agree.

 

[chasing.halos]

I just cannot believe we are going into another fall season and Kyron still has not been found... :cry:

 

[Tink56]

I just cannot believe we are going into another fall season and Kyron still has not been found... :cry:

I don't kow why they are not even searching the other areas of interest. Have they covered them all?

I agree that the status quo is probably the only choice Kaine has right now. As for TH, I am at a loss as to how any individual could agree to a continuation of the current custody arrangement.

This is all beyond frustrating...:banghead:

 

[AnaTeresa]

I think the delay is also because no judge wants to possibly set precedent/bad law regarding the 5th Amendment and divorce cases. Basically, TH's deposition from the divorce can be used as evidence against her. However, silence in the divorce case will go poorly for her. The judge will be wading into a tricky situation in which you have the balance the rights of a person in the criminal justice system with the rights of a person in the civil system. I think the judge is trying to buy LE more time to solve the case, or do SOMETHING, because right now the situation is unfortunately infringing on both Terri and Kaine's respective rights.

 

[EllaMae]

Terri is planning to wait it out. If she can hold on long enough, she'll get away with whatever harm she caused to Kyron. Protecting herself is paramount to her relationship with her little girl. To her, Kiara is just collateral damage.


IMHO.

 

[chasing.halos]

Terri is planning to wait it out. If she can hold on long enough, she'll get away with whatever harm she caused to Kyron. Protecting herself is paramount to her relationship with her little girl. To her, baby K is just collateral damage.


IMHO.

I totally agree. While this really sucks for Kaine, it's in the best interest of baby K right now to be away from Terri. IMHO.

 

[loves2bmom]

I don't kow why they are not even searching the other areas of interest. Have they covered them all?

I agree that the status quo is probably the only choice Kaine has right now. As for TH, I am at a loss as to how any individual could agree to a continuation of the current custody arrangement.

This is all beyond frustrating...:banghead:

It's beyond frustrating for everyone including LE. Can you imagine how it must feel to think you have the right person but cannot prove it. Still hoping and praying every day they get the piece(s) of the puzzle they need but I realize after watching other cases in the news that it just might not happen. I'll copy your headbang! :banghead:

 

[ahoyhoy]

Hi all. I saw this story today, and just realized I missed the Kyron forum.

Can you imagine Kaine & Desiree NOT KNOWING if Kyron's in the woods somewhere, or in a lake....perhaps even eaten by animals or decomposed to bones by now? I'm not a mother myself, but I can't imagine how that must tear them apart. <modsnip>

The billboard just tears at my heart. "I will NEVER STOP." So sad. Poor Kyron.

 

[Donjeta]

Can the divorce be postponed again in March; is there a legal limit to how long the resolution can be delayed?

 

[Nefriahaia]

Hi all. I saw this story today, and just realized I missed the Kyron forum.

Can you imagine Kaine & Desiree NOT KNOWING if Kyron's in the woods somewhere, or in a lake....perhaps even eaten by animals or decomposed to bones by now? I'm not a mother myself, but I can't imagine how that must tear them apart. <modsnip>

The billboard just tears at my heart. "I will NEVER STOP." So sad. Poor Kyron.

I would be a basket case. I have nothing but deep sympathy and heartfelt respect for Kaine and Desiree. I honestly don't know how they find the strength
to function day after day with no resolution to this case.

 

[EllaMae]

I think the delay is also because no judge wants to possibly set precedent/bad law regarding the 5th Amendment and divorce cases. Basically, TH's deposition from the divorce can be used as evidence against her. However, silence in the divorce case will go poorly for her. The judge will be wading into a tricky situation in which you have the balance the rights of a person in the criminal justice system with the rights of a person in the civil system. I think the judge is trying to buy LE more time to solve the case, or do SOMETHING, because right now the situation is unfortunately infringing on both Terri and Kaine's respective rights.

I agree with this. It's a nightmare for the civil court judge. With a missing child,and probable criminal activity by TMH involved, he doesn't want to open that can of legal worms.