Kelly A Rochotte

Kelly A Rochotte

Family Law and Civil Litigation, NE OH
  • Real Estate Law, Family Law, Divorce ...
  • Ohio
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Client Reviews
Beonca B. September 20, 2023
Child Custody Kelly, is a true power house attorney. Kelly started as the paralegal on my case and she was very attentive with making sure she gathered all necessary details leading up to every court date. My custody battle lasted for 2yrs but Kelly was there with me every step of the way until she became my attorney over the case. She was more than prepared to take it trial. She was firm with opposing counsel with getting stuff done and getting me a good outcome on my case. Couldn't have asked for a better person to represent me in court. I will be her forever client.
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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.

Practice Areas
    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
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Consumer Law
    Class Action, Lemon Law
    Foreclosure Defense
Video Conferencing
  • FaceTime
  • Google Meet
  • Zoom
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Supreme Court of Ohio Office of Attorney Services
ID Number: 0102943
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  • Chinese: Spoken
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Attorney, Civil Litigation, Real Estate, Family Law
Vargas and Elkhatib Law Co LPA
- Current
N.P. Weiss Law
Litigation Paralegal, Real Estate and Civil Litigation
N.P. Weiss Law
Litigation Paralegal, Family, Civil, and Criminal Law
Shindler Neff, LLP
University of Toledo College of Law
J.D. (2022) | Law
Honors: Trial Practice Honors, 2022 Moot Court Beijing, 2020
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University of Toledo
M.A. (2012) | English, Literary Studies
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Indiana University of Pennsylvania
B.S. (2008) | English, Literature
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Professional Associations
Federal Bar Association
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State Bar of Ohio  # 0102943
- Current
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Cleveland Metropolitan Bar Associatiom
Member, Ethics and Professionalism Committee
- Current
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Websites & Blogs
Vargas Law Co
Legal Answers
17 Questions Answered
Q. Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine
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.
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Q. Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.
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?
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.
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Contact & Map
N.P. Weiss Law
3091 Mayfield Road
Suite 320
Cleveland Heights, OH 44118
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