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A lawsuit seeking more than $6 million dollars in damages was filed in Kosciusko Superior Court I Aug. 14.
The civil suit results from an alleged Dec. 7, 2001, removal of two boys from the custody of their grandparents by their aunt.
In the suit, Jose F. Olivares seeks damages from Paul A. Stoelting, Amber Blackford, Debra Kern, Nancy K. Alanis and seven other people. Nancy Alanis is Olivares' daughter.
Olivares claims he suffered losses when the defendants allegedly conspired to remove Olivares' two grandsons, Ivan and Nathan from his custody. The boys parents are both deceased. Allegations of slander and forgery also are made in the lawsuit.
According to Olivares' suit, Nancy Alanis not only removed the boys from his custody following their mother's death, but also hid the children from police when they attempted to serve her an order to return them to Olivares' custody.
After the boys were removed from Olivares, Nancy Alanis sought custody of them. Nancy Alanis eventually was awarded custody of the boys in January 2002.
Olivares alleges that a notarized affidavit from the boys' father, Gustavo Rubalcava, now deceased, is a forgery. In this affadavit, Rubaclava states that he wants Nancy Alanis to have custody.
This document is cited in Nancy Alanis' guardianship papers as a reason for her gaining custody of the boys.
Olivares also alleges that Stoelting, a Syracuse attorney, and Blackford, a Warsaw attorney, were part of the conspiracy to remove the boys because Stoelting allegedly forewarned Nancy Alanis that she was to be served notice to return to boys to Olivares.
The suit also alleges Blackford presentated false documents in court.
The two boys lived with Olivares and his wife, Nancy, from 1991-2002 without negative incident, Jose Olivares claims. After the boys were removed, the boys' attitude toward their grandparents changed, the suit says. Jose Olivares claims the change resulted from lies and rumors allegedly spread by the suit's defendants, primarily Nancy Alanis. Jose Olivares also says that malicious falsehoods have caused him personal hardship and discomfort in the community.
Jose Olivares also claims in the lawsuit that Nancy Alanis and Kern also lied in court, maliciously slandering him and perjuring themselves. Kern, the mother of two of Nathan and Ivan's playmates, allegedly was bribed to falsely testify at the guardianship hearing where Nancy Alanis was awarded custody.
In this suit, Jose Olivares is not suing for custody of the boys, rather for treble, personal, special and general damages, court costs and attorney fees he alleges are due him from the initial custody-order and other various allegations.
