Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Todd B. Kotler
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 22, 2024

In order to fully answer this question, one would need to know whether or not the couple described map of the criteria for common law marriage in Montana when they moved to Ohio. Ohio has not recognized common law marriage (within the state) since 1990. If, however, the couple met all the criteria... View More

2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

View More Answers

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: is it breaching a DVPO if the defendant makes public posts about protected person on Facebook?

I live in Washington state and have a current DVPO against my ex. The only contact allowed is third party for child visitation or email about visitation and time. He is constantly posting about me on Facebook referring to me as “my son’s mom” “my kids mom” calling me a terrible parent and... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

It will depend on the wording of the Order. Unless it prohibits public comment, it likely is not a violation. if it can be construed as an attempt to make contact with the protected person, it may be. The excessive email sounds like an issue. You ought to seek a modification of the order moving... View More

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: do I have to have a survey done to buy partial of a property through a private sale?

I have a family member who owns 2acres and he’s selling me 0.7ish acres which is grass and some trees. To purchase that through a private sale, do I have to have a survey done on the property before purchasing or can I purchase legally without a survey?

Todd B. Kotler
Todd B. Kotler
answered on Feb 1, 2024

Any new lot split must typically be surveyed by a professional land surveyor. You also want to check the requirements in your county and township or city for subdivision requirements, and zoning ordinances. For example, often political subdivisions have a requirement for a certain amount of... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

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

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: The opposing party's attorney is first cousins with the judge. Is this conflict of interest?

This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.

Todd B. Kotler
Todd B. Kotler
answered on Jan 28, 2024

Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:

(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:...
View More

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Ohio on
Q: If a magistrate gives my wife legal advice regarding our divorce and I have proof. Can I sue them?
Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I am raising my grandchild,I have custody, dad's been in prison 95% of his life ,I want to move to Florida,from Ohio

Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8

Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Dakota on
Q: What can I (victim) do to drop Agg. Assault domestic charge dropped on BF?

My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... View More

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

Yes, that's exactly what it means. Do not contact the other person, whether it's through text, e-mail, or phone, or even another person. As my colleague stated depending on the wording of the order and or jurisdiction it could lead either to contempt of court or even a separate charge.... View More

View More Answers

1 Answer | Asked in Education Law and Family Law for Ohio on
Q: can I move out at 18, I live in Ohio and I'm still in school, I'm looking for a job and I have another place to live

I have a therapist and after going for a few months I told her I wanted to move out at 18 to live with my grandma. I'm looking for a new job and have my own means of transportation, I plan to help with bills, and my grades are good. but I won't graduate for another 4 months and my mother... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 16, 2024

Yes, but while you are still in High school and living at home, your parents are responsible for your reasonable care, accommodation, and feeding. If you move out, you will relieve them of those responsibilities and they won't have to take you back if it turns out you can't cut it on your... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: If my biological aunt continuously assaults me and threatens me, can I get a restraining order, in Ohio?

I am a minor at 15 years old(female) my aunt has continuously hit me, smacked me, and grabbed me roughly throughout my whole life. Today it got really bad and she almost choked me out and she had thrown me to the ground a few times. I am very skinny and weak and I can't do much when it comes... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 14, 2024

The answer depends on whether or not you reside with this aunt. If so, you may wish to speak with the child protective the service agency in your county. If not, you need to have a discussion with your parents, if they will not take action you may which to file an incident report with the police.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My adult child passed away and has no will, very little assets ,very little debt
Todd B. Kotler
Todd B. Kotler
answered on Jan 11, 2024

It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My ex is ordered to pay 1/2 of health INS and has refused since 2/23. We reside in OH

The AO has since been modified to state that he carries the insurance starting in 12/23. He believes that since the order has changed, he is not liable for the 10 months he refused to pay, while under the previous order. The total owed is just over $2000.

Todd B. Kotler
Todd B. Kotler
answered on Jan 8, 2024

Since you're talking about the enforcement of a specific order, it's not possible to render in general education about that. Does the new order contain language settling and releasing your ex-husband from his obligations? What does the old order say about potential defaults? The specific... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can I get custody of my daughter without asking for a divorce?

Husband is in active addiction, I don't want a divorce because I'm hoping he'll get clean at some point but I will need to get custody of my daughter so he can't have her while in active addiction

Todd B. Kotler
Todd B. Kotler
answered on Jan 8, 2024

In the situation you've described, you will need to file a complaint for legal separation. It is similar to a divorce with the key exception that it will not terminate the marriage. However, once this is filed your husband may file a motion to convert the action into a divorce. Nevertheless,... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I want to file a divorce Im not happy dont want to be obligated for his lottery winnings esp when got nothing

How much would it cost or where can I file for free

Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

The filing fees for a divorce vary from county to county. You need to contact the clerk of courts for the domestic relations court in the county in which you've resided for the past 90 days assuming you have been in the State of Ohio for at least six months. If that cost is unduly burdensome,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.