Todd Bruce Kotler’s Answers

Todd Bruce Kotler

North Canton Education Law Attorney.

Contributor Level 16
  1. Should I have an attorney represent me at an academic conduct hearing?

    Answered almost 3 years ago.

    1. Todd Bruce Kotler
    2. Christine C McCall
    3. David James Manley
    3 lawyer answers

    Yes you should have a lawyer present, because of the host of consequenses of loosing; forfieture of tuition, the witholding of your transcripts, academic suspension, expulsion or worse. A charge of dishonesty is one that likely may impact the rest of your carrer. Whereas I understand your reluctance to antagonize, do you personally want to be in the position of cross-examining the TA who apparently is the only fact witness in this matter? I recomend you hire someone familiar with your...

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  2. Contempt hearing for child support

    Answered almost 3 years ago.

    1. Todd Bruce Kotler
    2. Paul Michael Kocsis
    3. Christopher Joseph Tamms
    3 lawyer answers

    It is possible, if you are also paying substantially, against the arrears. You did not state how long you went without paying (and thus the amount of arrears), however and that will certainly impact your outcome. If it was more than a year, the prosecutor is not likely to drop the matter. Good Luck and please indicate if you found this answer and / or the link(s) helpful.

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  3. Child Allienation

    Answered over 2 years ago.

    1. Christopher Joseph Tamms
    2. Todd Bruce Kotler
    3. Loretta Marie Helfrich
    3 lawyer answers

    I agree with Attorney Tamms. You need to file a motion to allocate parental rights and responsibilities. Attached is a guide explaining what the court will consider when you make this motion. As for e-mails and SMS texts, they may be printed out and submitted as evidence. However, to get them admitted by the court, one may have to surmount objections by the opposing party as to authenticity and hearsay. Hearsay is "is a statement, other than one made by the declarant [person who makes...

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  4. Can a mother regain custody of a child after agreeing to legal custody to a third party?

    Answered almost 3 years ago.

    1. Todd Bruce Kotler
    2. Brian Alan Sommers
    3. Jeffrey Steven Hale
    3 lawyer answers

    Attorney Sommers is right this is a complex matter and should she file a motion to regain custody you would certainly want an attorney. Still, let me try to demystify things a little. Procedure and the factors a court considers are set out in the Ohio Revised Code (R.C.) There is case law that further explains how this law is applied, but the statutes themselves at least will give the layperson a better understanding. It sounds like you were granted custody through a county Juvenile...

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  5. My dad paid all child support and i didnt get any can i get the money?

    Answered about 3 years ago.

    1. Todd Bruce Kotler
    2. Michael J. Caticchio
    3. Christopher Joseph Tamms
    3 lawyer answers

    My colleagues both gave you good advice. The money went to person who raised you to aid in all of the expenses of running that household.

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  6. Can divorce get change when pregnant

    Answered over 1 year ago.

    1. Todd Bruce Kotler
    2. Curt Perri Bogen
    2 lawyer answers

    This question points out the difference between "void" and "voidability". Some contracts (like those to do an illegal thing) and court orders (like those issue by a court without jurisdiction over the parties or subject matter) are void on their face and "void ab initio" (void from the beginning).. Others however are merely " voidable", that is they are subject to being set aside upon timely motion by one of the parties. The divorce described here is the latter, voidable. Whether the...

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  7. I left my husband back in 2006, I have since moved on and had a daughter wth my boyfriend and pregnant again can I get a divorce

    Answered over 2 years ago.

    1. Christopher Joseph Tamms
    2. Todd Bruce Kotler
    2 lawyer answers

    You may get a divorce, but by statute, the court will not schedule a final hearing to award a decree until paternity of the unborn child can be established. That is typicallly after you give birth. Until proved otherwise, any child conceived durring the marriage is considered the husband's, not the paramour's. Good luck.

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  8. My wife has filed for a divorce. I haven't seen my daughter in 5 months. Suddenly she wants to let me see her. Should I?

    Answered over 2 years ago.

    1. Todd Bruce Kotler
    2. Mary Katherine Brown
    3. Loretta Marie Helfrich
    3 lawyer answers

    I agree with Attorney Brown, The tactic of preventing a child from seeing a parent is sometimes called parental alienation and is frowned upon by the courts. The willingness of each parent to foster healthy relationships between the child and the other parent is one of the 14 non-exclusive factors the court considers when making a custody determination. I also agree that you really need to get a lawyer of your own. Making the right moves now is crucial to preserving your rights....

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  9. How do I go about determining what is best for her? I don't want to hurt my mom but she obviously needs help. What do I do?

    Answered almost 3 years ago.

    1. Todd Bruce Kotler
    1 lawyer answer

    You need to provide additional information: How old are you, and your siblings? Is this really a child custody question or a Probate question? If she is no longer competent to make financial and medical decisions for herself a guardianship or consevatorship may be in order. Have you discussed your concerns with your other siblings? Have you all tried to discuss this matter with your mother at one time? You need to consult with a local family law attorney, without a doubt.

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  10. I am trying to get a divorce from my husband.

    Answered almost 3 years ago.

    1. Todd Bruce Kotler
    2. Loretta Marie Helfrich
    3. Neil M. Colman
    3 lawyer answers

    You need to hire a domestic relations attorney, NOW. The fact pattern you have alleged is too factually complex for one to answer in a general advice forum. One would need to review your marriage license, the court documents from the first divorce and do discovery on his present living arrangement as well as review how finances were divided at the time your separation. I am assuming as you did not mention children that none were born as issue to this “marriage”. Filing for a divorce...

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