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Robert Daniel Kelly

Robert Kelly’s Answers

6,327 total


  • Is there any special places in Spokane to get a loan out for an attorney?

    I need to get out a loan to hire a attorney.

    Robert’s Answer

    Your question isn't really about law, it's about finance. Google searches can often reveal suitable answers to such questions. There are outfits that make loans against personal injury settlements. For example, Oasis is a good one: https://www.oasislegal.com/structured_settlement_in_spokane,wa. If you retain an attorney on a contingency basis, they may work with you about getting a loan.

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  • Issues with getting my car repaired by an On Demand Valet company after attempted break in at their lot.

    I work for ZIRX an On Demand Valet Company. My company allows us to use their mobile app to park our cars in their garage for the day. Once parked in the garage your car is protected under their insurance for any damage that happens to your vehicl...

    Robert’s Answer

    If the cost of repairing the window was $100 and the interest you could have earned on the money amounts to $1.00, why are you spending your precious time worrying about it?

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  • What to do if my kid is a US citizen and I want to separate from my husband ( am on dependent visa) and go to my country?

    I am on dependent visa ( currently L2, soon to be changed to H4).I am 37 weeks pregnant with marital problems and can't travel. If I want to separate( not divorce) from my husband and if my kid is a US citizen, how legal would it be, if I take her...

    Robert’s Answer

    I recommend Sylvia Miller for immigration questions. http://www.seattlemiller.com/. You should probably get a court ordered parenting plan. Relocation is governed by RCW 26.09.405 et seq. (http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09). The forms are online: http://www.courts.wa.gov/forms/. You can obtain useful information at: http://www.washingtonlawhelp.org/issues/family-law. You should retain an attorney.

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  • Do access easements need to mention "guests" or are guests implied?

    A neighbor has an access walking easement across our property to a private park on the other side. There is no other public way for them to get to the park. The easement grants a couple of different rights. In one section, it grants the r...

    Robert’s Answer

    Based on your description of the language in the easement, it appears that the Smiths would have the right to grant permission to others to use the easement. It might be a matter of some interpretation, but courts would probably see it as allowing access to the Smiths' guests.

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  • In an objection to a notice of relocation, can you submit a supplementary declaration after the allotted 30 days to respond?

    I filed my notice of relocation on Nov. 25, 2014 and he filed an objection to relocation on Dec 22, 2014 without addressing the 26.09.520 factors. Then on Jan 12, 2015 he filed a supplemental declaration to cover the 11 factors which is 18 days af...

    Robert’s Answer

    RCW 26.09.405 et seq govern relocation of a child. This is some relatively new legislation from the year 2000. (http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09).
    The Objection form (WPF DRPSCU 07.0700) is different from the Response form (WPF DRPSCU 07.0730). (https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=57). It is also not unusual for parties to present their cases through Declarations in addition to filling in the forms.
    According to the Washington State Supreme Court in the case of In re Marriage of Horner, 151 Wn.2d 884 (2004), (mrsc.org) courts do have to address each of the factors in RCW 26.09.520. In order for that to be possible, the parties should provide their testimony addressing each of the factors. That testimony would probably be most effective if delivered in person at the hearing, but sometimes courts will allow testimony through Declarations, too. You might object to such a Declaration as hearsay. See Evidence Rules (ER) Title 8. (https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ER).
    A good family law attorney can greatly increase your chances of getting what you want.

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  • What is it when my personal dr. writes a declaration, which my ex wife used to file ex parte rest. Order starting our divorce

    Had me removed from home, rest order keeping from my son. My ex worked as my dr.'a nurse. Ethics, slander, privacy? SOL? Facility letterhead on declaration.

    Robert’s Answer

    Interesting question. Defamation of character is only a cause of action if the statements are false. The right to privacy only accrues where you have a reasonable expectation of privacy. It might depend on what the doctor said. If he breaches the doctor-patient privilege, it might be an ethical problem. If he merely reports observations, maybe not.

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  • Sold a car but it still shows it in my name

    I sold my car about a year ago. I forgot to do a sellers report as I didn't know I had to till i heard someone talking about it. I don't remember the guys name and I just checked and the car still shows registered in my name. What do i do so ...

    Robert’s Answer

    You can report it online here: http://www.dol.wa.gov/vehicleregistration/buyingacar.html

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  • Is it possible to have my child's father sign a document outlining a temporary parenting plan and have it recognized legally?

    I recently left my child father after he became physical violent (which I didn't report). we both want custody but neither of us wants to go to court.I'm trying to figure out a way to have him agree to a temporary parenting plan that can be legall...

    Robert’s Answer

    The way to obtain a Parenting Plan is to have a court order it. You can obtain the forms online: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=34. There is also some good information on the following website: http://www.washingtonlawhelp.org/issues/family-law/parenting-plans-residential-time

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  • What forms/steps do I need to take to give my daughter a middle name? Can I get a birth cert with her middle name once changed?

    At the time of my 2 year olds birth my husband and I were undecided on her middle name. We never received a birth certificate because this was undecided. We do have her social security with her first and last name but no middle. I don't know where...

    Robert’s Answer

    Apparently, a birth certificate has an affidavit for change on the back to request corrections or change. http://www.kingcounty.gov/healthservices/health/vitalstats/questions.aspx

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  • Could I file a lawsuit?

    I am currently in a DUI deferred prosecution in WA. I just recently have been flagged for "failing" an ETS test at 101 when the cut off is 100. they are moving forward with considering it a failed test. The problem is, I HAVEN'T drank. Secondly, t...

    Robert’s Answer

    Your statement does not seem to state facts comprising a cause of action at civil law. Usually, when you disagree with a decision from an administrative agency, you have the option of appealing within the agency to a "board". If you still don't like their decision, you can sue in Superior Court, but you have the burden of proving the action of the administrative agency was "arbitrary and capricious".

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