Kelly A Rochotte

Kelly Rochotte is a real estate and family law practitioner in Cleveland, Ohio. She focuses on assisting clients in navigating the judicial system with strength, diligence, and compassion.

Real Estate Law

Easements, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Consumer Law

Class Action, Lemon Law

Foreclosure Defense

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Ohio

Supreme Court of Ohio Office of Attorney Services

ID Number: 0102943

Since 2023

Attorney, Civil Litigation, Real Estate, Family Law

Vargas and Elkhatib Law Co LPA

2023 - Current

Attorney

N.P. Weiss Law

2023 - 2023

Litigation Paralegal, Real Estate and Civil Litigation

N.P. Weiss Law

2020 - 2023

Litigation Paralegal, Family, Civil, and Criminal Law

Shindler Neff, LLP

2015 - 2020

University of Toledo College of Law

J.D. (2022) | Law

2018 - 2022

Honors: Trial Practice Honors, 2022 Moot Court Beijing, 2020

University of Toledo

M.A. (2012) | English, Literary Studies

2010 - 2012

Indiana University of Pennsylvania

B.S. (2008) | English, Literature

2004 - 2008

Federal Bar Association

Member

Current

State Bar of Ohio  # 0102943

Member

2023 - Current

Cleveland Metropolitan Bar Associatiom

Member, Ethics and Professionalism Committee

2022 - Current

Q. Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

November 11, 2023

A: If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right then and there. If he states that WAS his address, ask him why he refused service from the court. If the certified mail came back unclaimed/refused, reissue through the clerk's office by ordinary mail (Civ. R. 4).

Your question is "can his case trump mine" -- but these are two different concerns. Child support and custody, while related, are treated as different situations by the court, and in some counties, will be handled by two separate magistrates for that reason. Whether he is paying child support or not does not entitle him to custody, and whether he's a good parent or not does not calculate into child support amounts or arrearages. As to parenting time and custody, you're going to have to show the court that you're more suited to be the custodian of the child using the factors in R.C. 3109. If there's a prior order with those findings, you aren't asking the court for anything they haven't already ordered.

As to child support, he will be on the hook for his arrearages and support payments unless you consent otherwise, or unless the court finds a "substantial change in circumstances." An attorney in your particular county will be able to guide you further, and you should talk with someone as soon as you can. ... Read More

Q. Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

October 27, 2023

A: That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.

Q. Can I take my daughters dad to court in Ohio?

October 23, 2023

A: According to the UCCJEA referenced by Mr. Kotler, the child's "home state" is where the child has resided for the past six months or more. You did not mention whether the child is with you or with her father, but if the child is with you, wait the six months and then you may file. It is worth consulting with a local attorney in your county, because custody filing requirements can vary regarding the required paperwork and information you will need on-hand prior to filing. Many attorneys will consult at no charge, and it is worth it for your peace of mind. Best of luck to you.