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Questions Answered by Todd B. Kotler
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can I refuse the mother picking up her son if I know the driver doesn’t have license and insurance?

I just found out the grandparents who drive the mother during child exchange have recent history of losing their license. There currently is an active bench warrant for the grandfather for failure to appear for a court case dealing with driving under suspension and uninsured. Can I refuse to allow... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

You may refuse. This may not stop Mother from filing a complaint. You will simply have a defense should the matter go to court. It is vital that you not refuse outright but simply as to this mode of transportation. Should you wish to amend your parenting plan you would need to file a motion to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

Todd B. Kotler
Todd B. Kotler
answered on Sep 21, 2023

Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: would a custodial parent be able to cancel vists if you have a court ordered agreement ?
Todd B. Kotler
Todd B. Kotler
answered on Sep 20, 2023

A parent doing this in the above described situation does so at their own peril. The parent who is being prevented from exercising would have the facts where they could file a motion to have custodial parent Show Cause why they should not be held in contempt for obstructing the parenting time.

2 Answers | Asked in Education Law for Kansas on
Q: in my history class we are doing a assignment about Christianity in the Middle Ages sep of school and state

does it count under separation of church and state

Todd B. Kotler
Todd B. Kotler
answered on Sep 19, 2023

Not unless the teacher is proselytizing that a particular church is the ONLY true religion.

Teaching history without talking about the broad influence of religion on the spread of political, scientific, and sociological thought would not be very effective. How does one teach the history...
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1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Family Law and Banking for Ohio on
Q: Can an 18 year old get her minor account transferred to an adult account?

I am working with a student who turned 18 last week. Her father refuses to go to the bank with her to get her account transferred to her alone. She cannot access the money without his signature. She no longer lives with him as he has been abusive towards her. She has earned the money through... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

Depending on the language of the original contract with the bank the student may have to file a lawsuit against the father for injunctive relief. This is too dependent on facts not stated in the question to answer more thoroughly. THe student should work with an Family Law attorney that is... View More

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I have legal temporary custody of my nephew. The bio mother refuses to provide me her personal contact information.

The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 10, 2023

Your question for all ita detail does not state what the temporary order says. Follow the order and write grandmother to ask for mother's information. If that is hoe she wished to be contacted so be it. The important part for you is to demonstrate that you are communicating.... View More

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2 Answers | Asked in Family Law and Civil Rights for Ohio on
Q: My sons father and I have a court order 50/50 but I’ve have found out his gf is signing papers at school!? What can Ido

She said well they’re getting married until then and even then she doesn’t know enough as I do to be entitled to any paper work

Todd B. Kotler
Todd B. Kotler
answered on Sep 9, 2023

Your question does not detail whether this is addressed in your parenting plan. You need to raise the issue with your kid's dad in writing. Explain your concern and how it actually relates to your child's best interest. Separate your own ego the argument of not liking this because... View More

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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

Is there a limitation as to how many feet away? if not the Order is somewhat vague and may not be giving clear guidance to a police officer who may be called to enforce the Order. I recommend that you contact a local attorney who practices criminal and family law, perhaps have the Order modified... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can you someone help me with a dissolution with children, little to no income

My husband and I have been living apart for almost 5 years now. He lives in Pennsylvania and I live in Ohio he has physical custody of our son. I need help with getting a dissolution we share no assets. I need financial aid help in getting a dissolution. I have little to no money to do so. Since... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

The Wayne County Domestic Relations Court has resources for parties of modest means. Go to this URL https://www.waynecourtofcommonpleas.org/resources/domestic-relations-templates

You will need to submit the first 4 affidavits, a petition for dissolution, a poverty affidavit / motion to...
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1 Answer | Asked in Family Law for Ohio on
Q: i have cancer and want to move to another state with my children to be closer to my family

dad probably wont support this decision

Todd B. Kotler
Todd B. Kotler
answered on Sep 4, 2023

First, i sympathize with your struggle and understand why you would want to move closer to you those who can best support you through your battle. However, Ohio courts make custody decisions based on the best interests of the children. You will need to demonstrate to the court why moving the... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Wife trying to get unjustified tpo and kick me out with nothing. What are my options

I'm 44, with mental and physical disabilities. she has been my 100% provider for 10 + years, we have 2 children. She has been denied twice I believe but now it goes to court.

Todd B. Kotler
Todd B. Kotler
answered on Sep 4, 2023

You need to get counsel ASAP. Appear at the first hearing and at least ask for a continuance so you can retain counsel. In order to get a DVCPO your wife will need to demonstrate by a preponderance of the evidence that there is sufficient evidence of immediate and present danger to her, her... View More

1 Answer | Asked in Education Law for Ohio on
Q: my child has an iep and he got in trouble but school waited to call me for an 1 hour and 33 minutes after the incident

til he admitted doing it to a teacher but its in writing but is not directed towards anybody

Todd B. Kotler
Todd B. Kotler
answered on Aug 30, 2023

There is little you can do about this now, unless there is something in the IEP or a PBIP that states they should immediately call you. You can advise the school in writing that your child is not to be questioned as to alleged violations of the code of conduct without your presence (Which will... View More

1 Answer | Asked in Divorce, Domestic Violence and Legal Malpractice for Ohio on
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?

I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 25, 2023

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

1 Answer | Asked in Divorce, Child Custody and Child Support for Ohio on
Q: I worked PT for my entire 10 year marriage to my ex. We have two kids (11 &7). Will they impute my income if I review?

My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 23, 2023

It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.

In Ohio, child support is determined following state guidelines...
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1 Answer | Asked in Divorce and Child Support for Ohio on
Q: My ex husband lied on his signed affidavit of income & expenses. What are my options to hold him accountable?

I have the necessary information (tax returns) to prove he is lying about his income. He has actually lied in all three affidavits. This is for a child support modification in Lorain County, Oh.

They have dragged this out for almost 6 years. I am now representing myself because I can no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 21, 2023

You will need documentation to prove he lied. Then you will need to cross examine him regarding the questions he lied about , get him to confirm his affidavit answers then produce the conflicting documentation (assuming that you lay down appropriate foundation and can authenticate the exhibits.... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Todd B. Kotler
Todd B. Kotler
answered on Aug 17, 2023

I personally would need more information to answer this question. Did the buyer and seller have a written purchase agreement. Was there a time limit within which the buyer must move? Did the agreement set out remides for the buyer and seller in the event one failed to meet a condition... View More

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2 Answers | Asked in Criminal Law, Domestic Violence, Internet Law and Libel & Slander for Tennessee on
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?

I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other... View More

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