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Questions Answered by Kelly A Rochotte
1 Answer | Asked in Family Law for Ohio on
Q: Can I get copies of CPS investigations and records from my childhood in Pennsylvania, Ohio, and South Carolina? How?

As a child I dealt with abuse, there were many investigations between the three states. In Ohio me and my siblings were taken into CPS custody. I've recently received some court documents from one investigation in the estate of my now passed abuser. And want to know if I can get the other... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

You may contact them directly and request the relevant county's general process. You are entitled to the records that concern you, but you may be required to execute an authorization, which will look different depending on the state and county where the investigation(s) took place. Some... View More

3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child,... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for Ohio on
Q: How long does a judge have to complete a journal entry or judgement entry on the child support order case?

Everything was ordered in court but still waiting on entry

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2024

Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I filed an objection to a magistrate decision will that put everything on hold or can my child’s father still take her

And I was told I need to file more wondering what else I need to do

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 15, 2023

Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Kelly A Rochotte
Kelly A Rochotte
answered on Nov 11, 2023

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... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 27, 2023

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.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Can I take my daughters dad to court in Ohio?

I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 23, 2023

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... View More

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1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: The father of my child doesn’t have contact with her. Do I need to hire an attorney to file abandonment?

My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 1, 2023

First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More

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1 Answer | Asked in Family Law for Ohio on
Q: Where can I get assistance for a contract to for collecting my items from my home?

I am currently in a situation that feels unsafe and that I know I will not be listened to. I was really hoping to find assistance in the writing of a contract or something similar that would allow me to pack and collect my items from my home, as well as my legal documents from another individual,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

The difficulty would be the fact that this person would have to (a) agree to the terms of the contract and (b) sign the contract. If you think this is a possibility, an attorney could draft a document for you. There would be more information needed, and you've posted this in the family law... View More

3 Answers | Asked in Divorce and Family Law for Ohio on
Q: can a judge have a husband's life insurance put into the name of his ex wife?

Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

You should definitely consult with an attorney on this. They would be able to review the policy and the terms of the decree to give a clearer path forward. The Court would have had to state grounds by which they made such an order, and this outcome seems out of line with general expectations... View More

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

The answer to your question about alimony, or spousal support, will depend on a number of factors that are listed in Ohio law. Specifically, R.C. 3105 sets out the factors for a court to award spousal support. The length of the marriage and the respective income of the parties are perhaps the most... View More

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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I have legal temporary custody of my nephew. The bio mother refuses to provide me her personal contact information.

The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 10, 2023

Your question is whether you can block her number, you should not do this. First, I see your point here, and mother is definitely breaching your order by failing to provide you her phone number. However, if you then block the grandmother's number, the court will see this as a somewhat-petty... View More

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2 Answers | Asked in Family Law and Civil Rights for Ohio on
Q: My sons father and I have a court order 50/50 but I’ve have found out his gf is signing papers at school!? What can Ido

She said well they’re getting married until then and even then she doesn’t know enough as I do to be entitled to any paper work

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 10, 2023

The answer depends on what your orders say to some extent, and also the papers that she is signing. If she's signing items directed to a parent or custodial guardian, that's inappropriate. If your order directs that an authorized person or person known to the child may do certain things... View More

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2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

You must file a mechanic's lien against the property that had the benefit of the work performed. An attorney in your county can assist you with this, as different counties will have different local preferences for the forms generally required. I'm concurring with Attorney Jaap's... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: if i sold a house 2 years ago and they have been trying to sue me for what they said is moister under the house and we

i sold a house 8-2-21 and she came back with a law suit again me for moist under the house and we did not know about and nor did her inpector she hired see it. I have an active home owner policy on this house, that i did not know was still active. how do i turn this into the insurance company to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

More information is needed here, but if you ever knew or had reason to know about the moisture under the home or moisture damage, and did not disclose that on your residential disclosure form prior to sale, you can be liable. Generally speaking, property sales are "as-is," often referred... View More

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1 Answer | Asked in Consumer Law for Ohio on
Q: If I request an itemized statement from a credit card company, do they have to provide it?

I have made electronic and paper check payments. I don't think the credit card company is actually applying both to my balance; both payments are coming out of the accounts and are listed on this company's website (in completely separate spots), but it looks like they're only... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

The short answer is: probably. The longer answer is that their legality in withholding this information — or refusing to put it in one spot — somewhat depends on whether they are considered a banking institution or a third-party nonbanking institution (a private LLC, for example). Most lenders... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: I recently won a bid on a sheriff sale in Lake County Ohio. I am following all of the information on the clerk of courts

As of today, it says motion to stay, confirmation of sale, and enlarge time to redeem does that mean the defendant gets to keep their property?

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I am awarded full custody of my daughter. Do my parents have to immediately return her to me
Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

The terms of the final judgment entry would govern. If she's currently living with your parents, and you become the residential custodian/legal guardian, then they would need to return her to your care.

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