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Questions Answered by Charles Watts
1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: What if we were not married?

How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?

Charles Watts
Charles Watts answered on May 15, 2022

This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How far in advance do you have let the other parent know your moving if there is no custody agreement?

Can they legally stop you from moving if there is no custody agreement?

Charles Watts
Charles Watts answered on May 15, 2022

There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: domestic ASSUALT AND BATTERY DO i NEED A LAWYER OR CAN I REPRESENT MYSELF
Charles Watts
Charles Watts answered on May 12, 2022

You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Oklahoma on
Q: My rights were terminated in NC 3 yrs ago Im now in Oklahoma can parental rights be restored, contact, anything and how

I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »

Charles Watts
Charles Watts answered on May 12, 2022

If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »

1 Answer | Asked in Family Law and Estate Planning for Oklahoma on
Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... Read more »

Charles Watts
Charles Watts answered on May 9, 2022

There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oklahoma on
Q: If my mothers non biological father dies with a will, with her being a half sibling is she entitled to any inheritances?

My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?

Charles Watts
Charles Watts answered on May 6, 2022

Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... Read more »

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1 Answer | Asked in Family Law for Oklahoma on
Q: How can I relinquish the parental rights of the father of my son?

A protective order was issued against him for Me and my son for 5 years back in 2018.

Charles Watts
Charles Watts answered on May 4, 2022

In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... Read more »

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Q: Do i have to have a passenger side mirror by law in oklahoma
Charles Watts
Charles Watts answered on Apr 19, 2022

Assuming your vehicle is a standard American left driver vehicle then no a right passenger mirror is not required IF the interior middle mirror is in place. If you are in a vehicle where the center rear view mirror is not equipped or is ineffective (such as in a cargo van with no windows) then that... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Can I undo signing parental rights away a year ago in favor of a step parent adoption if that adoption never took place?

About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... Read more »

Charles Watts
Charles Watts answered on Apr 14, 2022

Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.

1 Answer | Asked in Tax Law for Oklahoma on
Q: We are residents of Oklahoma. Sold land in Texas. We will pay capital gain taxes federally, but which state do we pay
Charles Watts
Charles Watts answered on Apr 12, 2022

You need to sit down with a tax attorney and go through this as it is a detailed matter that is beyond the scope of this forum. However, if you are an oklahoma resident this will still be considered income for tax purposes.

1 Answer | Asked in Child Support for Oklahoma on
Q: I signed a prenup that says no support money does that include child support
Charles Watts
Charles Watts answered on Apr 12, 2022

You should contact a family law attorney to assist you. Child support is not normally something anyone can get out of with a prenuptial agreement.

1 Answer | Asked in Tax Law for Oklahoma on
Q: My mother is trying to file her taxes. She has filed for divorce due to abuse but the other party will not sign

She has not lived with him for over 3 years, she lives in OK now and I believe he lives in MS. Is she considered legally separated and can she file as single?

Charles Watts
Charles Watts answered on Apr 12, 2022

If she has not been granted a divorce then she is technically still married therefore she cannot file as single. However she can file married filing separately. You need to contact a family law attorney to help get the divorce finalized.

1 Answer | Asked in Family Law for Oklahoma on
Q: What is the specific law in Oklahoma that states if a parent believes their child is in danger they are to refuse visits

With the other parent and file an emergency order? If they allow the children to go anyway they can be charged?

Charles Watts
Charles Watts answered on Apr 3, 2022

Every case is different, but a reasonable belief is the starting point, there are many factors involved in this and since you would be violating a court order, you need to make sure that you are doing it in the manner in which you are allowed in order to not be held in contempt yourself. Allowing... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »

Charles Watts
Charles Watts answered on Apr 2, 2022

Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.

2 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: On the divorce decree it states my ex can claim our daughter until no longer eligible. (Very loose language) however,

I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.

Charles Watts
Charles Watts answered on Mar 18, 2022

I agree this is very loose language. You need to contact an attorney in your area. Usually that wording would indicate someone other than the child is claiming them, in other words so long as your child does not do their own taxes then they would be eligible to be claimed on someone else’s.

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1 Answer | Asked in Uncategorized for Oklahoma on
Q: How can I stop someone from stopping and sitting at the corner of the end of my driveway in the rural area of the county

I live in the rural area of caddo County Oklahoma. Someone of my ex family keeps harassing my family. They stopped at the end of my driveway and sat for a few minutes with the window rolled down and left as soon I went outside. What can I legally do?

Charles Watts
Charles Watts answered on Mar 13, 2022

Contact the sheriff office and report them. Beyond that you can pursue a VPO against them if you feel threatened. Other than that you may have some elements of stalking but you need to contact an attorney in your area to assist you.

1 Answer | Asked in Adoption and Child Support for Oklahoma on
Q: I'm allowing my children to get adopted by there step father. Does it absolve past arrears?

DHS is not involved in any capacity other than as a pass through for payments. I'm aware that future payments will no longer be required. Arrears was being pursued pro se and only by her. Does this also cancel the contempt case on child support as well. Could I also ask her to drop arrears... Read more »

Charles Watts
Charles Watts answered on Mar 13, 2022

You should contact and familY and adoption attorney to best evaluate your specific scenario. However, I would suspect they could negotiate a term for your consent to waive anything in arrears. While this is not guaranteed if an awoc is being pursued, it could be something pursued through a consent... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Had an off duty police officer issue me a speeding ticket by calling the station and following me

An on duty officer located us and pulled me over and wrote the ticket with the off duty officer, is the off duty officers word enough to convict me of speeding?

Charles Watts
Charles Watts answered on Mar 12, 2022

Yes.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Is it illegal for my custodial guardian my grandmother to tell me that i cant go to my dads if i havent cleaned my room
Charles Watts
Charles Watts answered on Mar 12, 2022

Yes. If she is the custodian due to a guardianship then she has authority over you.

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1 Answer | Asked in Divorce for Oklahoma on
Q: What papers do I need to file for an objection to an ATI
Charles Watts
Charles Watts answered on Mar 12, 2022

The ATI is statutory and is something that has to be put in place so the parties cannot directly control another party by terminating insurance or not paying bills etc…. You can mutually agree to not have it but if it is not mutual then it is not negotiable and mandatory.

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