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Questions Answered by Todd B. Kotler
2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Can an unfit mother reclaim custody?

My child's mother has been absent for two years, during which I've been the primary caregiver. She has been labeled as unfit. Can she legally take the child from me now?

Todd B. Kotler
Todd B. Kotler
answered on Apr 29, 2025

Under these facts it is possible but highly improbable. There is much that you did not include that I would want to know. When you said "labeled" unfit. By who? Was that part of a court order? If so, mother would need to file a motion to modify the current custody order. In order to... View More

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3 Answers | Asked in Estate Planning, Family Law and Civil Litigation for Ohio on
Q: Legal remedies to ensure father's burial wishes are honored despite claims of marriage.

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 28, 2025

I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More

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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Can my landlord install cable wiring in my apartment for others without my consent?

I live in a HUD apartment in Cincinnati. My landlord has given me a 72-hour notice that they will be running cable wiring through my apartment on 04/24/2025 to provide other tenants with internet service. I do not have or want cable internet and am concerned about this installation. My lease does... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 23, 2025

This sounds like a necessity on the part of the landlord to provide a utility to everyone. I would want to look at your lease but as long as the actual time in the apartment is minimally invasive and less than say a few hours, i'd say this is not something the courts would entertain. Refer... View More

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3 Answers | Asked in Child Custody, Family Law and Domestic Violence for Ohio on
Q: Can I file for emergency custody in Ohio for my son? No court orders, concerning behavior due to father's actions.

I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 14, 2025

If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How to handle paperwork and closing when selling home by owner in Ohio?

I'm planning to sell my home by owner and need clarity on the paperwork and closing procedures. What legal steps should I follow to ensure everything is handled properly?

Todd B. Kotler
Todd B. Kotler
answered on Apr 5, 2025

At a bare minimum you will need a purchase agreement for you and the buyer to execute. You will need to come to an agreement as to any money owed to any lender to the seller. You will need to have a deed drafted to be recorded confirming the transfer of the property. The buyer will need to fill... View More

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3 Answers | Asked in Real Estate Law, Contracts and Landlord - Tenant for Ohio on
Q: Lease-to-own issues with unreachable co-owner on deed in Ohio.

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2025

You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More

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2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Ohio on
Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?

I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2025

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Banking and Real Estate Law for Ohio on
Q: Overpayment issue with rental company & bank endorsement requirements in Ohio

I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Can apartment management legally tow my car if there's no parking agreement or signage?

I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More

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3 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

If your separation agreement did not reserve the Court's jurisdiction to modify spousal support you cannot do so now. You should speak to your divorce lawyer and review the divorce agreement/decree and see whether jurisdiction to modify was reserved. If so you may file the motion to modify... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for New Hampshire on
Q: Is reading Miranda rights mandatory in NH domestic violence arrests?

When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2025

The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More

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3 Answers | Asked in Probate and Real Estate Law for Ohio on
Q: What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?

What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2025

Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More

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1 Answer | Asked in Probate, Energy, Oil and Gas and Family Law for Ohio on
Q: Why wouldn't settlement go to living widow after my father's passing?

My father recently passed away in Ohio, and he was contacted about a settlement related to his father's land with oil rights. There was no will, and my mother has a marriage certificate as his widow. My father had children from a previous relationship, and they are claiming they should split... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 10, 2025

The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:

"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is...
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3 Answers | Asked in Child Custody and Internet Law for Ohio on
Q: Is a recording of a child admissible in Ohio custody court?

I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 9, 2025

I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Todd B. Kotler
Todd B. Kotler
answered on Apr 18, 2024

Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does... View More

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1 Answer | Asked in Domestic Violence for Ohio on
Q: If the Petitioner reaches out and talks to the Respondent on the phone, can the Petitioner get in trouble?

Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can i move states with my child without the fathers permission?

My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More

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