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Questions Answered by Charles Watts
1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: In Oklahoma, if I’m wearing my seatbelt but have the shoulder strap behind me. Can I be written a ticket?

I was written a ticket for improperly wearing my seat belt because the shoulder strap was behind me and not going across my chest. If this is a legitimate violation can some please point me to the state statute on the violation.

If there was a malfunction with the shoulder strap, as it... Read more »

Charles Watts
Charles Watts answered on Nov 22, 2021

Yes you can be written a ticket for that.

47 O.S.§12-417

A. 1. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My spouse and I still currently live together and he filed a petition for dissolution of marriage without a summons

With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?

Charles Watts
Charles Watts answered on Nov 13, 2021

Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Is the western cherokee tribe of AR and Missouri protected by the icwa laws
Charles Watts
Charles Watts answered on Nov 11, 2021

ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... Read more »

2 Answers | Asked in Contracts for Oklahoma on
Q: In oklahoma, if you have a contract with another person but only one person signs the paper, is it still legal?
Charles Watts
Charles Watts answered on Nov 11, 2021

Contract is formed when two parties have a mutual agreement and consideration. This is why oral contracts are technically still a valid contract. However, since you have attempted to formalize it with a document, this leads the courts to believe that an agreement is made when both parties have... Read more »

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1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My child’s father hasn’t been doing his weekly visitation for the last 6 months but wants to start again

I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »

Charles Watts
Charles Watts answered on Nov 11, 2021

If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »

2 Answers | Asked in Employment Law for Oklahoma on
Q: Can a healthcare worker that worked the entire pandemic thus far, be terminated for refusing the vaccine in Oklahoma
Charles Watts
Charles Watts answered on Nov 11, 2021

This is an evolving issue. Contact an employment attorney for more details, however, Oklahoma is an at will state and therefore they business can terminate for almost any reason so that it isnt a constitutional issue (race, religion, age, sex, etc...).

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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

Charles Watts
Charles Watts answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »

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2 Answers | Asked in Divorce for Oklahoma on
Q: If my wife was already has a boyfriend outside the marriage does not give me ground for divorce

If my spouse is already in a relationship with somebody else do I have grounds for divorce

Charles Watts
Charles Watts answered on Nov 5, 2021

Incompatibility or irreconcilable differences is all you need to get divorced. I would advise you to contact an attorney to make sure everything is completed properly.

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1 Answer | Asked in Probate for Oklahoma on
Q: We children inherited our parents home upon the death of our father. His second wife has homestead rights.

Do we as owners of the house pay the property tax and insurance or does our step mother who will remain in the home?

There is no mortgage on the home. The house is in Oklahoma.

Charles Watts
Charles Watts answered on Nov 1, 2021

You may look into the will/trust that passed the home to you. But if she was granted rights to be there your failure to pay the taxes would in essence force her to move and therefore not allowed. You as the property owners are responsible for the taxes to be paid. -furthermore, even if the... Read more »

1 Answer | Asked in Car Accidents and Constitutional Law for Oklahoma on
Q: My daughter was left alone at scene when her dad was taken to jail for warrants..is this illegal in oklahoma?

I was across town when i got the call and raced to the scene, but by the time i got there my daughter was sitting in the front of a police car and her dad had already been taken to jail and car was being towed away. My daughter was left alone, her dad handcuffed and taken to jail and car towed... Read more »

Charles Watts
Charles Watts answered on Nov 1, 2021

Based on what you have stipulated in the question, your daughter was left with another officer. So short answer, Yes a minor can be left with another officer while her father was escorted to jail.

1 Answer | Asked in Family Law for Oklahoma on
Q: can I get DPOA for my 20 year old daughter who is in coma if her boyfriend is trying to use his rights as POA with tax

I had POA medical firsts they didn't listen to him say he was common law but the only thing he's provided was proof of taxes together but I believe he's controlling mentally abusive shes going to have Brain damage can't let her go back. Weak-minded and moldable if she says... Read more »

Charles Watts
Charles Watts answered on Nov 1, 2021

No. The person giving you the POA (your daughter) has to be the one giving you the POA and she cannot do that in a coma. You have options if the boyfriends POA does not continue through incapacitation but you would need to have an attorney review it. If that is the case then you may be able to get... Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What are my options? My boyfriend died very suddenly and without a will. We have lived together for a year.

So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??

Charles Watts
Charles Watts answered on Oct 24, 2021

Contact a probate lawyer as soon as you can because there are specific laws in how belongings are transferred upon death without a will.

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2 Answers | Asked in Family Law and Workers' Compensation for Oklahoma on
Q: Prior of death a person was receiving unemployment benefits; is a family member entitled to these benefits after death?

Can you give me the statue of this law to the question in Oklahoma.

Charles Watts
Charles Watts answered on Oct 24, 2021

Unemployment is payable to an eligible employee, not to heirs or their estate. Therefore when the employee dies they are no longer an eligible employee and the payments must stop.

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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a lawyer represent the "victim" in a VPO case, and turn around and represent a defendent in a domestic case against

My ex girlfriend filed a VPO against someone else. The lawyer I hired for her on that case turned around and represented me in a domestic case against her. Is that a conflict of interest?

Charles Watts
Charles Watts answered on Oct 21, 2021

This is a fine line. If the lawyer obtained information about her during her case, and is now using that against her, then that would be a conflict. If there was no information gathered then it is probably not. Again this is a fine line, and most lawyers would steer clear of it. If you truly... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: If there is no fine amount, citing officers signature or date of stop on a traffic citation is it legit.

I called clerk and they didn't have my ticket on record.

Charles Watts
Charles Watts answered on Oct 21, 2021

With technology in todays world a signature of the officer is often not on the printed citation, however, their name should always be on there. As far as the amount, that is not required to be on the citation as these amounts do change and the officer is not responsible for that. A date of the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Disabled son lives in inherited home. The home is in probate. Can my son keep this home? Air-Evac wants payment.

The hospital wrote off my son's fathers bill, Air-Evac wants 64, 000 . This would mean my son would have to sell his home to pay his dad's life flight bill. Does my son have any rights since he is disabled and on SSDI ?

Charles Watts
Charles Watts answered on Oct 20, 2021

You need to contact a probate attorney as soon as possible to give them all the details and specifics. This is not something you need to wait on or attempt to handle yourself.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: How late can I stay out behind an alley of to my house to watch a bird
Charles Watts
Charles Watts answered on Oct 18, 2021

Are there curfews in place? Are there restrictions to the alley? Are there also other residences nearby? - bird watching could easily be construed as peeping and therefore not legal. You need to be more specific and if you have been cited or detained for this then contact a criminal law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Will a motion to vacate buy me more time to move.
Charles Watts
Charles Watts answered on Oct 17, 2021

More details are needed, however a simple motion is only that until a judge has a hearing and makes a ruling on that motion. Therefore, until that time the short answer would be no.

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
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