Rescue Bobby And Mom! Held Hostage! Blackmailed!
Donation protected
My name is Anna and I am a 69 years old (almost 70) senior
citizen mom to our son Bobby. He is 27 1/2 years old, and
has special needs being disabled as he has Down Syndrome.
Bobby is illegally and fraudulently literally being
held hostage from me, his mom, by my ex-husband,
his father and guardian. He is blackmailing me
in his email that he sent to me, and if I don't
meet his blackmail demands stated in his
email, at my monetary expenses, and under
his stated conditions, then he won't let me
see and be with our son Bobby or talk to Bobby!
I need to raise money for legal help attorney expenses
involved to fight this in court. It is expensive and I am
retired and on low income.
This all started after a Zoom Court Hearing on May 18,
2023, and he has not let me see or be with Bobby now
for over 11 months (it will be 1 year on May 18, 2024) and
no phone calls since Thanksgiving Day 2023. I have the
Transcript of this Zoom Court Hearing.
I do not drink alcohol, don't smoke, don't do drugs,
etc. I am a Christian woman. My ex-husband claims
to be a Christian, but he is not at all acting like one.
He is cruelly and heartlessly abusing and harming
Bobby and me! He is violating my Parental Rights
and my Constitutional Rights to be with Bobby!
No motions or charges have been filed in court,
no hearing held, no evidences presented that
I am any danger to Bobby. I have shared
parenting times with my ex-husband with
Bobby in the Family Courts from January 21,
2009 continued into the Probate Court until
after Zoom Court on May 18, 2023, for over
14 years, when he illegally and fraudulently
stopped it by his email he sent to me unless
I meet his blackmail demands!
In a Motion filed in public court by his attorney on their
Page 2 in their #7, they stated: "Once a person reached
adulthood, they have the right to determine the relationships
they wish to maintain, the people with whom they wish to
spend time, and the schedule they wish to keep." Yet, he is
not letting Bobby do this at all! Bobby has not been brought
to the Probate Court to let the Probate Judge know what
he wants!
He is doing this to Bobby and me because I caught him
as he did not file his Accounting and Report for Bobby's
Federal Social Security monies for over 4 years when the
Guardianship Laws clearly state these Reports are to be
filed every 2 years. These public documented Exhibits
evidences, when he finally filed them, showed that he
had financially abused and exploited Bobby's Federal
Social Security monies, spending Bobby's monies on
his own personal uses, on his own personal expenses,
on other people, and not on Bobby, from small amounts
to hundreds and thousands of dollars, and he publicly
confessed that he did not keep any receipts in violation
of Federal Social Security Laws and Guardianship Laws.
He is also doing this to Bobby and me to get
out of paying his ongoing Court Ordered child
support for an incapacitated adult child that
continues as per Indiana Code 31-16-6-6-(2).
He owes me a lot of back arrearages child
support money and needs to get current too!
The picture of us that I am showing was previously taken
as since he is not here with me to take a current picture.
Bobby and I have our song called "Baby Mine"
a lullaby from the Dumbo Movie. Bobby likes
Mrs. Jumbo and baby Dumbo and this song
represents our crisis situation!
Last year for Mother's Day Bobby colored 2 pictures
for me "Happy Mother's Day" and "Best Mom Ever."
So cool! I got 2 pictures last year and with the "Best
Mom Ever" picture he was expressing his heartfelt
feelings for me! He is the best son that a mom could
ever have sent from heaven above! Little did we know
that just 5 days later we would be cruelly and abusively
separated!
Without your financial help there will be
no Mother's Day this year or any other days
with my baby of mine, Bobby! Not for his
birthday, not for my birthday, not for Christmas,
not for other Holidays, weekends, weekdays,
etc., as it was in 2023!
We were following 2 Court Orders for parenting
times schedules from the Family Courts that also
included the Indiana Parenting Time Guidelines
with Bobby, and they were included in the
Guardianship Order with copies of them
included in the guardianship court records.
Parenting times were continued and ongoing
from the Family Courts at the same time Bobby
was an incapacitated adult child in the Probate
Court.
Then, following the Indiana Parenting Time Guidelines
part for some previous years and 2023 in this guardianship.
I have the 2023 Schedule that was written out for
the entire year, but he illegally and fraudulently
stopped it right after Zoom Court on May 18, 2023!
The Indiana Appellate Court Case Laws shown below
state that one parent cannot do this to the other parent!
My Mother passed away at age 75 years old. Being almost
70 myself I have already lost all of this time, almost 1 year,
of being without our precious son, Bobby, that God gave to
me. I have no idea how long I will live on this earth and there
is absolutely no excuse for what he is doing to Bobby and me!
Bobby has never been away from me like this! This is
illegal, fraud, and unconscionable to do this to a
disabled adult young man and his elderly mom!
I love and miss Bobby so very much!!! I am traumatized
and heartbroken!!! And, I know he is too!!!
Please help rescue Bobby and me and stop this harm,
cruel abuses to us! On behalf of Bobby and myself,
we ask that you share this fundraiser with family,
friends, and organizations, etc., and in giving any
monetary amount will help for expensive legal
help attorney expenses to fight this in court!
Also, please share this fundraiser with
others because guardianship abuses and
elder abuses need to be exposed, so that
people like us and others can get help
to stop it!
Thank you for your financial support! God bless you!
Also, the Indiana Appellate Court Case Laws below
shows that they are on Bobby and my sides! These are
just some of them. There are many more and other
Case Laws, etc, too!
In the Indiana Appellate Court Case Law
in this adult guardianship case: "In Goltry
v. Goltry, 140 Ind. App. 76,222 N.E.2d 407(1966),
the Court of Appeals stated that
a guardianship is for the protection
and benefit of its ward, not its guardian."
Bobby is not being protected as the ward
and instead the guardian is being protected!
Also, the Indiana Appellate Court stated
in this same adult guardianship case: "In Goltry
v. Goltry, 140 Ind. App. 76,222 N.E.2d 407 (1966),
the Indiana Court of Appeals quoted the trial court
"The Court further finds that a Guardian for a
minor ward, or, in fact, any ward, must exercise
utmost discretion of wards' estates and
properties, and that a Guardianship is
not established for the benefit of the Guardian,
and that no unjust enrichment should ever
accrue by any means whatsoever to the
Guardian and that the charges made herein
by the Guardian, without any order or approval
of Court, were exorbitant, unfair and
unconscionable."
The Indiana Appellate Court Case Laws concerning
removal of a guardian for an incapacitated adult that
he is doing these same things to Bobby is for financial
abuse and exploitation, failing to file the Accounting
and Report every 2 years, and Bobby being held
hostage from me as "tantamount to imprisonment"
and that he should be removed as guardian are:
"Carr v. Carr, 685 N.E.2d 92, 97 (Ind. Ct. App. 1997);
"In Matter of Guardianship of Brown, 436 N.E.2d 877,
890(Ind. Ct. App.1982); and Schwartz v. Schwartz,
773 N.E.2d 348, 353 (Ind. Ct. App. 2002).
The Indiana Appellate Court states: "In Blankenship
v. Duke, 132 N.E.3d 410 (Ind. Ct. App. 2019):
The Court relied upon Manis v. McNabb, 104
N.E.3d 611 (Ind. Ct. App. 2018), stating that
"when a trial court orders parenting time
in a guardianship case, it cannot allow the
guardian, who often has a personal stake
in the matter, to determine the parent's
parenting time with their child during the
guardianship proceedings," Id. at 413...
Allowing one party to determine parenting
time in this way "has the potential to
deprive the parent and the child of
time together and an opportunity to
develop a meaningful relationship
and bond. Id."
The Indiana Appellate Court states: “The right of
non-custodial parents to visit with their children
is a ‘“sacred and precious privilege.”’ Appolon v.
Faught, 796 N.E.2d 297, 300 (Ind. Ct. App. 2003)
(quoting McCauley v. McCauley, 678 N.E.2d 1290,
1292 (Ind. Ct. App. 1997), trans. denied).“Ideally, a
child should have a well-founded relationship with
each parent. Id." "Restriction of parenting time is
governed by Indiana Code section 31-17-4-1(a),
which provides: A parent not granted custody
of the child is entitled to reasonable parenting
time rights unless the court finds, after a hearing,
that parenting time by the noncustodial parent
might endanger the child’s physical health or
significantly impair the child’s emotional
development. Even though the statute uses
the word “might,” this Court has previously
interpreted the language to mean that a
court may not restrict parenting time
unless that parenting time “would” endanger
the child’s physical health or emotional
development. D.B. v. M.B.V., 913 N.E.2d 1271,
1274 (Ind. Ct. App. 2009). A party who seeks
to restrict a parent’s visitation rights bears
the burden of presenting evidence justifying
such a restriction. Id."
No such evidence has been presented against me!
He has illegally and fraudulently violated and broken
these Indiana Appellate Court Case Laws! There are
other laws he has illegally and fraudulently broken
and violated from the United States Supreme Court
Case Laws, the Indiana Supreme Court Case Laws,
more of the Indiana Appellate Court Case Laws,
the Indiana General Assembly Legislature, the
Constitution's 14th Amendment, the Indiana
Parenting Time Guidelines, the Indiana Codes,
etc!
Also, "In E.N. Ex. Rel. Nesbitt v. Rising Sun-Ohio,
720 N.E.2d 447, 451 (Ind. Ct. App. 1999), the
Court concluded that the best interest of the child
or incapacitated person is implicit in the guardianship
statute." Bobby is an incapacitated person. It is not
in Bobby's best interest to be kept from his mom!
Also, "In E.N. Ex. Rel. Nesbitt v. Rising Sun-Ohio,
720 N.E.2d 447, 451 (Ind. Ct. App. 1999), cited
South Bend Community School Corp. v. Widawski,
622 N.E.2d 160, 162 (Ind. 1993) (defining
"incapacitated person" to include persons
under eighteen years of age)." The Indiana
Supreme Court has considered all minors
to be an "incapacitated person" as well as
incapacitated adults are "incapacitated
persons" for over 30 years!
Bobby was an incapacitated person when he
was under 18 years of age, even if he didn't
have Down Syndrome, as these Indiana Supreme
Court Case Laws and the Indiana Appellate Court
Case Laws state that all persons under the age
of 18 are an "incapacitated person," and Bobby
is an incapacitated person at 27 1/2 years of
age now and onward!
So, according to these Indiana Supreme Court
Case Laws and the Indiana Appellate Court
Case Laws when the guardianship statute talks
about a child it also means an incapacitated
person, which it included children under 18 years
of age as well as an incapacitated person as an
adult, as the Courts concluded that the best
interest of the child or incapacitated person
which can be a child or an adult is implicit or
implied in the guardianship statute!
It doesn't matter if an incapacitated person is a
child or an adult as any incapacitated person can
have parenting time/visitation in a guardianship
at any age as it is in the best interest of any
incapacitated person and these Courts want this!
Please help rescue Bobby and me! Thank you!
God Bless you again!
Organizer
Anna Calabrese
Organizer
Crown Point, IN