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Todd Bruce Kotler

Todd Kotler’s Answers

1,216 total


  • DO i need an educational attorney or a Constitutional Attorney, regarding Common Core Curriculum and PARCC testing.

    Trying to Opt Child out of the PARCC testing, the personal data mining/privacy issues, and certain Common Core curriculum/assignments that we find to be questionable or against our beliefs. The local school board has denied our refusal letter. N...

    Todd’s Answer

    What assignments conflict with your beliefs? Are you in a private school / homeschool setting? Why do you believe there is a privacy issue?

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  • Is it true that I have consented to the jurisdiction of the Ohio courts over my case by answering a divorce filing?

    I had 14 days to respond to an affidavit and 28 days to respond to a divorce filing in Ohio and an attorney in Idaho told me by appearing (answering to the divorce) I have have consented to the jurisdiction of the Ohio courts over my case. The...

    Todd’s Answer

    While i suspect you have few assets at your disposal, you need to hire an attorney to file a motion to dismiss / transfer jurisdiction to the new residency of the child.

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  • Can i get joint custody if i owe child support

    This been going on since my daughter been 3yrs old her mom decides to keep her away from me cause i couldnt deal with her lies and her cheating anymore my daughter is 5 now she asks bout me and all her mother does is tell her call her boyfriend da...

    Todd’s Answer

    As Attorney, Ireland-Phillips suggested the appropriate starting place is not precisely as to whether you have been paying support (although this is important). One must first determine how custody was established. Then one must determine whether there has been a change in the circumstances of the child sufficient to merit a change in custody. Lastly the court will have to apply the best interests of the child test. See the link below for a fuller explanation.

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  • School Residency Laws

    I have been caring for my 2 grandchildren, I do not have legal custody, and their mother won't give my legal custody. Their mother moved to the next county. The school is saying that the children must attend school where the custodial parent lives...

    Todd’s Answer

    Here in Ohio a suburban school district pursued criminal and civil claims against a family who tried to place the children with the grandparents without a court order, for purposes of availing themselves of the preferred district.

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  • Can someone that has gotten 3 DUI and reckless driven get 50/50 custody of my son

    My soon to be ex husband got arrested for a DUI open container and reckless driving and when he was in there I found out that he has a girlfriend for more then a year I think they were even making plains on getting married but I never knew anythin...

    Todd’s Answer

    This question isn't particularly clear. All this author can state is that, in general, courts look to a number of factors when determining the best interests of a child, (the standard that nearly all U.S. family courts apply). See the link below, which discusses the factors a court applies, in Ohio.

    Clearly, a parent with a pattern of substance abuse problems would have a great deal to overcome to obtain exclusive custody of a child. However, courts are reluctant to completely divest either parent completely of rights to a child.

    This parent should seek the advise and representation of a local attorney, as soon as possible.

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  • Is it legal for a Public School in Oklahoma to punish / expel a student for facial piercings?

    If so what's the maximum punishment or is it up to the school completely.

    Todd’s Answer

    The other attorney's answer albeit brief, is correct. Schools have a great deal of discretion when it comes to setting out dress codes and discipline.

    Generally, if the dress code and discipline code are plainly written into the handbook (and they nearly always are), and the student and parent received a copy (more often than not the school makes the student and parent sign off on a form indicating receipt), then both the rules and the punishment handed out by the school will be presumed to be valid.

    It is up to the school completely (unless one can find a valid challenge, such as; discriminatory impact or application on one gender, race or nationality.

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  • Can we switch schools?

    My stepson is 6 in kindergarten and attends school in the city where his mother lives, since this change he has had some behaviors in school and requires more teacher attention, he is not up to speed with the other kids. There is only 1 teacher. I...

    Todd’s Answer

    The other attorneys are correct. I write to add that in at least one instance, in Ohio, a school district sued (and pursued criminal charges against) a non resident parent that enrolled their child in the district of a grandparent.

    This case will require a change in parenting time, either by agreement or court order.

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  • I would like a professional review of child support/custody order.

    My former spouse has contacted an attorney (same for the divorce) who sent me a letter stating that she is demanding additional money for things that I don't believe I am required to pay (ie. "activity fee" for a 7 year old playing at the YMCA )....

    Todd’s Answer

    As my other colleagues stated. An attorney certainly can review your order and advise. Additionally, one would need the items a court may review in making such a determination, including but not limited to the income tax returns of both parties for the previous 3 years as well as an accounting of all extraordinary expenses.

    This author is also curious as to why the parenting time is so limited. Is this by agreement, a trial on the merits or the recommendation of a GAL incorporated into the decree?

    Lastly, this author strongly recommends hiring a Stark County Attorney if that is the court with Continuing Exclusive Jurisdiction over the child.

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  • My university mistakenly placed me in the wrong classroom, for my feild training. Would I be able to litigate.

    While attempting to achieve my certification, license, and masters degree in elementary of education, my university mistakenly placed me in a classroom that only covered mathmatics. I contacted the university the initial day and advised them of th...

    Todd’s Answer

    One may always attempt to litigate; whether they may do so successfully is the real question. Here the student, apparently, has a dispute with a "supervisor". The student also claims to have contacted the university but does not state whether it was in writing. More facts are needed to answer the question.

    What writings exist between the parties? Do any of them state what remedies the student has in such a dispute? Are there contractual limitations upon the student's remedies? Most likely there are, in the original application to the school or acceptance letter.

    Before threatening litigation this student should first review what is in writing, If nothing is in writing the student should then write a summary of what has occurred and send it to the present supervisor, department chair, and dean of the college that is to confer the certification, license, and / or masters degree. Copy the bursars' office / auditing office as well on the letter.

    Taking this step alone may solve the problem. If not at least the issues will be clarified by the written response the student gets.

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  • Did the school expose their self to any civil liability.

    My daughter JM lives in the XXXXX School District, however she is attending XXXXXXX (out of district placement). XXXXXXX principal issued a report (both verbal and written) to the XXXXXXX District that JM made terrorists against the school...

    Todd’s Answer

    Per FERPA one has the right to have the School correct information in the student's file. As to the other issues, as my colleagues have suggested, contact an education attorney at once.

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