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Questions Answered by Charles Watts
1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... Read more »

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Which states child support laws are followed?

If I have had my child all her life and were residents of Oklahoma, her dad is in texas, which state child support laws does child support follow texas or Oklahoma?

Charles Watts
Charles Watts
answered on Apr 26, 2023

This is dependent on previous court orders. If the Oklahoma court has established jurisdiction over the child then Oklahoma calculations would be used. Likewise for Texas. If there is not orders in place then you would use the resident state of the child, because that state has more of an interest... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In the state of oklahoma, if there is no named beneficiary on life insurance policy, but the deceased is married ....

(for 2 months) who gets the money?

Charles Watts
Charles Watts
answered on Apr 13, 2023

If the life insurance does not state a beneficiary would be highly unusual the way the insurance companies work, so that should be researched more. Assuming there is not one listed, then the policy would most likely pay the decedants estate and then the proceeds would go through the normal process... Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... Read more »

Charles Watts
Charles Watts
answered on Apr 13, 2023

She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Does new POA automatically cancel out old POA even though there is no clause to revoke ?

I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you

Charles Watts
Charles Watts
answered on Mar 23, 2023

POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is a QCD legal proof of purchase if not filed with county office.

I recently discovered that property I purchased and obtained QCD, but I never filed with county court office was sold again by same seller to another person and QCD filed exactly 1 month before mine was filed. Both QCD were filed but now seller claims ownership of property. What can I do about this... Read more »

Charles Watts
Charles Watts
answered on Mar 19, 2023

If you failed to file your deed then you will most likely not receive the land because the other person did and will be viewed as the new owner. The original seller coiso be subject to some legal action on your part for unjust enrichment or fraud but you will need to contact an attorney to get the... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... Read more »

1 Answer | Asked in Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult... Read more »

Charles Watts
Charles Watts
answered on Mar 3, 2023

Unfortunately, there are other things at play. Other sides of every story. I am sorry you feel your lawyer did not represent in the manner you felt best. Trials are expensive and there are costs involved in discovery that would have to be paid. In all my atty-client agreements they all have a... Read more »

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I sue for wrongful termination yes or no

I was fired for my boss threatening my father and his company

Charles Watts
Charles Watts
answered on Jan 10, 2023

Short answer - yes -- but that does not mean you will win.

You will have to prove your case with facts and depositions to prove that in fact it was wrongful. This could be a costly road, but then if you win, you have a good chance of also recovering attorney fees. If you lose then the...
Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I sue whataburger for wrongful termination
Charles Watts
Charles Watts
answered on Jan 10, 2023

Short answer - yes -- but that does not mean you will win; you will have to prove your case with facts and depositions to prove that in fact it was wrongful. This could be a costly road, but then if you win, you have a good chance of also recovering attorney fees

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is it illegal to open your child’s mail that’s addressed to your house if they’re 18?

My parents will not give me mail or will go though it without asking me first, I’m 18 and I’ve heard that it’s illegal but I want to make sure.

Charles Watts
Charles Watts
answered on Jan 10, 2023

In the state of Oklahoma you are considered an adult with some exceptions when you turn 18. The Federal Government has stated it is not legal to open another 'adult' persons mail without their explicit consent (such as in a wife opening a husbands or vice versa, a secretary opening the... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: Can I become executor of my deceased mothers land without a will in place?

I am one of 4 siblings. My mother passed and did not have a will. She was common law married but the land was purchased before the marriage and was only in her name. I have been paying the taxes on the land since she passed. What can I do to obtain the land since I am caring for it?

Charles Watts
Charles Watts
answered on Jan 10, 2023

Contact a probate attorney. These can be complex issues, and with a spouse involved (common law or not) the date the land was purchased is not relevant (it would be in the event of a divorce but not necessarily in death) - But first thing is the estate (land and all other belongings) needs to be... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can a consumer who is voluntarily seeking treatment and has a safety plan be placed in emergency detention?

My wife went to a police department in the town we live in & had an assessment done. After returning the officer told me she didn't meet e d criteria but there was something there. The following day she again went in for an assessment voluntarily. That's when a e d was placed.... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

If the person meets criteria for emergency detainment for mental/consumer related things, then yes the person can be taken into custody. This is custody of the state mental health system, and not specifically county, therefore they transfer frequently to other care facilities in order to provide... Read more »

1 Answer | Asked in Estate Planning, Adoption and Probate for Oklahoma on
Q: I need help locating the Oklahoma statute about children who have been adopted out in regards to intestate succession.

I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Charles Watts
Charles Watts
answered on Dec 28, 2022

Contact a family law attorney. Getting divorced can be a simple process and can also be a complicated one, so you need someone assisting you through the process. If the inmate is in Oklahoma then getting good service is relatively straightforward, but requires a few extra loopholes to be jumped... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... Read more »

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Charles Watts
Charles Watts
answered on Dec 23, 2022

As both my colleagues have indicated - there is a potential to have this resolved. You will need an attorney to help you fight. There is always more facts that come out once the paperwork is all in front of the attorney. However, an action can be filed that establishes custody (joint, full, equal,... Read more »

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1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... Read more »

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: In okla.do no passing zone signs have to be certain color and shape for ticket to be valid.
Charles Watts
Charles Watts
answered on Nov 1, 2022

A sign is not required in Oklahoma. The Oklahoma. Highway department or the designated authority for that jurisdiction can determine where the zones are and they are identified by signage OR by markings (double yellow line). So if there was a double line and the sign had been stolen or been spray... Read more »

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