Todd Bruce Kotler’s Answers

Todd Bruce Kotler

Massillon Education Law Attorney.

Contributor Level 15
  1. Child Allienation

    Answered over 1 year ago.

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

    3 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Todd Bruce Kotler
    2. Brian Alan Sommers
    3. Jeffrey Steven Hale
    3 attorney 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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  3. My dad paid all child support and i didnt get any can i get the money?

    Answered over 1 year ago.

    1. Todd Bruce Kotler
    2. Michael J. Caticchio
    3. Christopher Joseph Tamms
    3 attorney 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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  4. 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 about 1 year ago.

    1. Christopher Joseph Tamms
    2. Todd Bruce Kotler
    2 attorney 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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  5. 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 1 year ago.

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

    3 lawyers agreed with this answer

  6. 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 over 1 year ago.

    1. Todd Bruce Kotler
    1 attorney 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.

    3 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Todd Bruce Kotler
    2. Loretta Marie Helfrich
    3. Neil M. Colman
    3 attorney 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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  8. If I gave away too much in my divorce can i get the agreement redone?

    Answered over 1 year ago.

    1. Todd Bruce Kotler
    2. Paul Michael Kocsis
    3. Neil Scott Rubin
    3 attorney answers

    Attorney Rubin is correct. Your separation agreement, parenting plan and the language of the decree are going to govern which areas can be changed and over which the court did not retain jurisdiction. The only area that will be sure to be subject to further modification is child support and custody. However, you will need to meet specific factual thresholds to successfuly persuade a court to modify (assuming your ex is not in agreement). Attached are some links to articles I have...

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  9. Is it legal for a school to operate a cell phone " jammer"

    Answered about 1 year ago.

    1. Todd Bruce Kotler
    2. Nicholas Basil Spirtos
    2 attorney answers

    School's may certianly prohibit cell phone use on campus. The issue of operating a "jammer" is one that riases FCC regulatory rules. This question will be re-labeled for that forum. Good Luck

    Selected as best answer

  10. Can I check up on step son's education and health if dad signs power of attorney to me?

    Answered about 1 year ago.

    1. Todd Bruce Kotler
    2. Nicholas Basil Spirtos
    2 attorney answers

    One can make out a Limitted Power of Attorney for Child Care that would extend their parenting powers, including school enrolment, records and educational decision making, to another individual. A General Durable Power of Attorney does not accomplish this, however. Ask the JAG officer to draft a Child Care POA. Good Luck

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