The Kimbley custody hearing began Wednesday with visible frustration coming from Judge Carole Clark and attorneys in the case regarding motions to strike and interventions that have been filed and have caused delays in the case.
Judge Clark said the attorney who is representing Deborah Willingham, who is David Kimbley's sister, and the Millhorn family have failed to notify the court of her plans. Both Deborah Willingham and the Millhorns are attempting to gain custody of the children.
Judge Clark told that same attorney she was being rude and insulting other attorneys with her statements about her disagreement with legal advice the Kimbleys have received.
Judge Clark said she did not want the Kimbley children to be held up any longer than they have been already, therefore she set an intervention deadline for any pleadings for custody. The deadline is Thursday, April 18, at 5 p.m. Responses to those pleadings are due Friday. Thursday is the absolute last day anyone who wants to intervene in the case and file for custody can file. Friday is the last day a motion to strike that intervention can be filed.
Judge Clark said whomever is interested in custody must pay for a home study to be done by CPS to ensure the home is a good environment for the children.
The attorney representing Ms. Willingham and the Millhorns said they will have the home studies done as quickly as possible, so the family can hopefully adopt the children, who are their family. The attorney said Ms. Willingham's home study is almost complete that the Millhorns will start their home study today, April 17.
(Ed. note: The child whose father lives in Virginia was placed with him after the last custody hearing in February)
The attorney said the Millhorns and Ms. Willingham are not at odds trying to get custody. They are family and both applying for custody so they have a backup if one of them fails the home study.
The State has filed a motion to strike the intervention for custody.
The Kimbley's attorney, Cameron Castleberry, said it is the Kimbley's goal to find a stable home for their children. Castleberry said the Kimbleys would like to see their children placed with family, unless family is not the best and most stable option. As Castleberry said this, Sabrina Kimbley, the children's mother, nodded her head in agreement.
Matthew Thigpen, an attorney representing one of the children, said he wanted to go on the record as having said all of this delay is not in the best interest of the child he represents, because that child needs a permanent home as soon as possible.
A hearing on interventions and termination of custody is set for Friday, April 26, at 9:30 a.m.
Before everyone was dismissed, Cameron Castleberry requested to ask the Kimbleys some questions on the record about their satisfaction with him being their lawyer. Both David and Sabrina said they would like to keep Castleberry as their attorney and are satisfied with the representation he has provided.
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