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

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I didn't see any mention of a temp custody order yet. And when/if one is granted, it would give TH at least some custody rights also unless there was an unassailable reason not to -- even known crackheads get visitation. That's where the RO comes in. You can't just prevent a bio parent from custody...period. The court's bend over backward to give the worst possible parents access to their children.


Divorce papers include temp custody arrangements and usually are granted to the person who asks for the divorce if they want custody. I did not say visitation would be denied but if he asked for a RO based on a fear that she would run with the child if she had access it would be granted for the short term until the 1st hearing at which time the attorneys and the judge would hash it out.
 
While it may well turn out that SM is responsible for Kyron's disappearance, I would not assume that to be a certainty just based on recent developments.

I remember years ago reading that a large percentage of parents divorce after the death of a child - and that was referring to an accidental death of even an adult child. I would assume that the percentage of folks who split up after a child's disappearance would be as high or higher - especially in a case where one parent was the last to see the child and had suspicions hanging over them.

Whether the SM was involved or not, there has to be a ton of stress and finger pointing in that house...

I agree, but I have to say I would never divorce my spouse in the middle of a case, when he had already been tried and hanged in the jury of public opinion, unless I had reason to believe he was guilty. Otherwise, I'd stand by him until it was over, then walk away.
 
You know I don't care if shes shocked or not. They better have a darn good reason to do this NOW, because the focus will be taken off Kyron. Just listen to our posts, everyone falling off the fence because they take this as a sign the Sm is involved.
Well, apparently everyone agreed to his actions, but standing out here looking in the window it makes you wonder. LE better has some serious evidence.

Absolutely.

I hope LE isn't being narrow minded just because they think he couldn't have possibly been taken from the school and Terri was the last one to see him, etc.

I really hope they get to the truth. Today's events have certainly taken the focus off Kyron, which is exactly what everyone said they did not want to happen. Surely, they must know what they are doing. I hope so.
 
Well, I wonder if there will be an arrest tonight... :( The tiles are crumbling.

You know, thank goodness for that.

This is tragic. Kaine and Desiree need to know what happened to their little boy.

I just saw this news, and I am shocked.

Please, God, let them know what happened to Kyron!
 
The family released all those pictures (130 or so) and there was Kaine, Tony, Desiree, but not Terri in any of them.
I tend to think in pictures, and that told me a story.

I was still surprised by the divorce news. I would have thought Kaine would hold off so the focus wouldn't go even farther away from Kyron.
 
IMO Getting divorced while you are RIGHT IN THE MIDDLE of a nationwide missing child case it just as telling as if you were to get married while right in the middle of a missling child case! Oh, and don't forget the restraining order! Speaks more than just volumes - its lights up in NEON and blinds you!!!!!!

Just sayin..............................
 
While it may well turn out that SM is responsible for Kyron's disappearance, I would not assume that to be a certainty just based on recent developments.

I remember years ago reading that a large percentage of parents divorce after the death of a child - and that was referring to an accidental death of even an adult child. I would assume that the percentage of folks who split up after a child's disappearance would be as high or higher - especially in a case where one parent was the last to see the child and had suspicions hanging over them.

Whether the SM was involved or not, there has to be a ton of stress and finger pointing in that house...

im going to assume that they dont usually file within 3 and a half weeks.

since its my pet case, i'll refer to jaycee dugard.

due to some bizarre cirumstances surrounding her kidnapping, step dad was a suspect from day one. though his wife never believed it put a huge strain on there marriage. but they didnt seperate for 7 years, still havent divorced, and she never filed a restraining order against him.

i find it hard to believe most cases like these would end in divorce in 3 weeks.
 
The family released all those pictures (130 or so) and there was Kaine, Tony, Desiree, but not Terri in any of them.
I tend to think in pictures, and that told me a story.

I was still surprised by the divorce news. I would have thought Kaine would hold off so the focus wouldn't go even farther away from Kyron.

This is why I think they know now where Kyron is or have reason to believe they will find him soon. I don't believe Kaine would take the focus off of Kyron unless the focus no longer needed to be Kyron. :'(
 
Absolutely.

I hope LE isn't being narrow minded just because they think he couldn't have possibly been taken from the school and Terri was the last one to see him, etc.
I really hope they get to the truth. Today's events have certainly taken the focus off Kyron, which is exactly what everyone said they did not want to happen. Surely, they must know what they are doing. I hope so.

These facts have been known for a while. I believe that something concrete must have come up for KH to take such a drastic step.
 
Holy moley! What a surprise to log into!!!
 
IMO Getting divorced while you are RIGHT IN THE MIDDLE of a nationwide missing child case it just as telling as if you were to get married while right in the middle of a missling child case! Oh, and don't forget the restraining order! Speaks more than just volumes - its lights up in NEON and blinds you!!!!!!

Just sayin..............................

The restraining order thing is HUGE IMO. Judges don't grant RO's without good cause. The only good cause I can think of at this point for TM to be kept away from her child is that the courts have a good reason to think she might be a danger to the baby or KH himself. Or to make sure they are out of the way in case the arrest gets messy.
 
Well,I do not know what to think of all this.But it did get the father ALOT higher on my suspect list.Look at them both.It's very sad if little Kyron got in the middle of all this and his little sister.But sadly it does happen.It all makes me very sad.I just pray they find Kyron and they do not ever stop looking for him.I need to back away from all this.It's all too familiar.I pray they find this sweet little boy soon.We'll find you Kyron.
 
Criminal defense attorneys will not get involved in the divorce case. She will need a family law attorney for that. Different types of law with lots of different knowledge needed for each. Any good, ethical CD attorney will not touch/handle the divorce case. Two separate attorneys needed.

Plenty of firms offer both services. Thus, my statement - she needs a criminal attorney with a side order of family matters.

The point was, if Terri had no attorney, LE probably was just fine with that. (I'm assuming she did not have one.)

The divorce action forces her to retain one.

So, I'm guessing, Kaine held off the filing - until LE was just fine with Terri getting the ball rolling with ANY kind of counsel.

Because any "ethical" family attny is going to say, Terri, dear, you really need a criminal attny, probably sooner than you need a family one.

And it's all speculation, and JMHO.

I really wasn't interested in attorneys and such so much as I'm fascinated with what appears to me to be an orchestrated handling of the Terri-as-suspect situation - via Kaine's strategy, LE's strategy, the family's strategy, Desiree & Tony's strategy, the poker faces, etc..

It seems even Terri's own mother & father had some sort of strategy...with her father arriving the day of divorce service.
 
The child lived with his mother then because she had to undergo some medical treatment he went to live with his father for awhile. Maybe we've heard differing accounts but it seems that when mom was able to have him back dad decided not to turn him over and sued for custody. I'd call that fighting for custody.

I have NEVER heard that. All I have seen in numerous articles is that in 2004 Desiree had custody of Kyron when she went into kidney failure (could have killed her you know) and had to go to Canada for treatment. She was gone a significant amount of time during which Kyron lived with Kaine and Terri.

By which time Kyron would have adjusted and adapted to living with Kaine. He would have gotten attached to the older brother, who he was obviously close to.

Also, I will point out again. Desiree is a nurse, Tony is a detective. Terri was a stay at home Mom. I firmly believe Desiree thought that was best for Kyron to have a full time parent. No daycare or babysitters.

I think that for once, parents made decisions that were best for the child even though they were divorced. I have seen nothing to indicate there was any battles, or custody issues at all.

I think if Desiree had seen any indication that there was an issue with her son's care, she would have gotten custody in a heartbeat. She thought that was the better place for him.

Maybe Joshie's Mom will have more of an opinion because of her personal experience...but that is just my perspective from what I've seen and heard.
 
Question for anyone - wouldn't you have to have darn good reason legally to not only get a restraining order, but to TAKE HER CHILD FROM HER? Otherwise lots of parents would grab the chld and get a restraining order after a fight or for revenge. To me the huge and shocking thing is he took her daughter! I would die if my S.O. took my child and got a restraining order for whatever reason. Any thoughts on this? Isn't that kind of rare for a dad to take a baby from mom and get a restraining order just like that?

Also, I think maybe they were headed towards divorce before Kyron went missing. IF Terri has something to do with Kyron's disappearance, I think a motive might have been more revenge or getting back at him for threatening to leave her (speculation! JMO). If this is the case, maybe she has said lately if he leaves now he'll be sorry as far as his daughter is concerned. Thoughts?
 
There is no evidence about cheating and Kimster asked that this conversation end several pages back.
 
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