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Questions Answered by Charles Watts
1 Answer | Asked in Adoption for Oklahoma on
Q: How old does a child have to be to consent to a step parent adoption

Her mom hasn’t talked to her in 3 years and never paid child support. My step daughter recently told me she is scared her mom will find her because we moved to the town she lives in. And she said she doesn’t want to see her.

Charles Watts
Charles Watts answered on Oct 21, 2020

The child's age is not a controlling factor in the step-parent adoption. The controlling factor is the amount of time you have been married. So long as you have been married for more than 1 year, then you can file for the step-parent adoption. If the mother does not consent, then you would... Read more »

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Oklahoma on
Q: Case number # 20 - 54904.. what does this case number pertain to
Charles Watts
Charles Watts answered on Oct 19, 2020

That case number could be a case file number for a particular agency or municipality, however that format does not work with OSCN or any of the county/state courts.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is Adult Baby play illegal in Oklahoma or any state?

I am a Chief of Police in Oklahoma, and I came across a couple that someone wanted to file a complaint on, the husband dresses and acts like a baby, and the wife acts as his mother, at no time was any indecent exposure present, and nothing sexual was present, however they were at a public park and... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

Chief, from a state level, it is my understanding, so long as it doesn't violate the lewd and indecent statute then two consenting adults can dress and play as they see fit - this is no different in the eyes of the law as cross-dressing. Key issue is as you stated NO time indecent exposure or... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: When married, if property is purchased by one spouse then sold, is the other spouse entitled to share in profit?
Charles Watts
Charles Watts answered on Oct 19, 2020

Assuming that the property is purchased during the marriage then this is marital property and thus any sale of such property would be martial property as well. To be more specific contact a family law attorney as there are more than likely other facts that can sway how this question is actually... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: speeding ticket and for the most part everything was correct except the model of the truck. I’m in a 350 he put 250

Will this help me or does that matter ?

Charles Watts
Charles Watts answered on Oct 19, 2020

That will most likely not help you any. The DPS system cannot have every make/model of car, especially the way auto-makers change models of their cars. A 150/250/350 usually is just getting entered in the computer as P/U anyway.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: I need an attorney for court next month bc my sister is trying to adopt my daughter

I let my daughter stay with my sister a few years back bc my life was a chaotic mess . Dhs was involved w my other kid & my sister told me that the worker said I wasn’t allowed to see her. Then she went and got guardianship. I never received any notice of court bc she sent it to an address... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

There are specific notices that have to be given and if they sent it to your last known address then they most likely have met that obstacle (they are not responsible for keeping track of every place a person lives but the last known address, because in some cases, those people are bouncing around... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: Can a judge dismiss a document after it has been sign and filed?

My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

The document is an unenforceable document therefore the judge disregarding that is correct. In Oklahoma, there are 2 ways of giving up parental rights; 1) During a legal adoption proceeding where the parents voluntarily (or involuntarily in some cases) consent and give up their rights, or 2) DHS... Read more »

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2 Answers | Asked in Child Support for Oklahoma on
Q: Man has paid child support for 12 years due to the result of a one night stand in which he was basically raped. advice?

Man had passed out after drinking heavily at his girlfriends house. There was a party happening in the other room. Another girl was there that was obsessed with the victim. Man is in and out of consciousness with a female that has forced herself on top of him in the dark. Other partygoers bust in... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

The paternity test done 11-12 years ago has sealed the fate of the father as the father, and therefore financially responsible as any father would be on him. The only option other than continuing to pay child support is to file for custody (or at least joint custody) and that would most likely... Read more »

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2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Charles Watts
Charles Watts answered on Sep 22, 2020

In the majority of divorce proceedings there is an automatic temporary order. This prevents selling, disposing, destroying, etc.... any marital assets. Likewise, insurances must remain intact as well. Even with the temporary order in place a judge may give permission for one or the other party... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my husband signs my daughters birth certificate, what legal standing does her biological father have?
Charles Watts
Charles Watts answered on Sep 21, 2020

By default a child born of a marriage is presumed to be a child of that marriage, therefore any challenge to that has to be brought by a challenging party claiming to have rights. I assume based on your question your husband and the biological father are not one in the same. Therefore, even if... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: In a common law marriage in Oklahoma is the wife responsible for medical bills of the husband?

The female partner, 72 years old, has always referred to herself as the "significant other," not as a wife. The male partner is 86 years old and not medically well.

Charles Watts
Charles Watts answered on Sep 21, 2020

Common Law marriage is a grey area in Oklahoma. If someone tells you that it doesn't exist, then they are wrong. It very much exists, just with some different terminology. There are some things that have to be shown to prove that a non-ceremonial union exist and there are many ways to... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: How can I do a turn around adoption to get my six children back into my custody asap?
Charles Watts
Charles Watts answered on Sep 21, 2020

This question is not as easy as step 1 - 2 - 3. Generally, once an adoption is finalized, then it is non-reversible. There are a few exceptions to this rule, however these exceptions are challenging to prove. This is something that you will need an experienced adoption attorney to help you with,... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I was arrested on dui blood work come back as dwi can a district attorney change it to dui. Bac .06
Charles Watts
Charles Watts answered on Aug 25, 2020

Based on the only fact being .06 then DWI would be the charge that should be filed. However, other factors can change that. First factor is if your blood test came back with a controlled substance (this includes prescriptions that impair driving) in addition to the .06 - you may actually be being... Read more »

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1 Answer | Asked in Uncategorized for Oklahoma on
Q: If an a group of protesters show up in front of your house making verbal threats what should you do?
Charles Watts
Charles Watts answered on Aug 24, 2020

If threats are being made to you, regardless of where it is a group of protestors or a single individual, and you feel the threats are legitimate (as in you truly believe the threat is real and they are capable of enacting the threat) -- then call 9-1-1 and let law enforcement resolve the... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Married 20 years wife left been gone 1 year since I served divorce papers she wants half house..but to me she abounded
Charles Watts
Charles Watts answered on Aug 24, 2020

If the house was purchased during the marriage, it will be considered marital property and part of the equitable distribution of the marriage.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Is a custody modification likely?

My ex and I divorced 6 years ago, our child was 2 at the time. She got physical custody and I got a standard visitation schedule with joint legal custody.

In February of this she began allowing our child to spend every other week with me which continued through the summer. When school... Read more »

Charles Watts
Charles Watts answered on Aug 24, 2020

As with most legal questions the answer is usually … depends. When it comes to custody/more visitation there usually needs to be a significant change in order to modify. However, based on the few details that you provided, she has shown an acceptance to allowing more visitation in which that... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: In Oklahoma do we have to go through marital counseling before the divorce is finalized
Charles Watts
Charles Watts answered on Aug 24, 2020

By default a divorce with minor children does require counseling for parenting through divorce. Basically telling you to get along with the other party. There are situations where both parties do not have to take the course, when one party is getting full custody and the other party has NO... Read more »

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1 Answer | Asked in Family Law for Oklahoma on
Q: Our rent house is leased in my name. My husband moved out. Does he have a legal right to move back in against my wishes?
Charles Watts
Charles Watts answered on Aug 20, 2020

Your questions is a little ambiguous for an accurate answer. However, generally speaking, if you rented the property as a married couple then he could have the legal right to be there as your spouse, the same as if you were buying a house together. The lease agreement could shed light to that... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: I was just wondering what the responsibilities are for a Custodial Parent with Joint Custody?

Non-Custodial, FOC, lives in a different state. He will not call our children, at all, and says it’s my responsibility to make sure they talk to him. Our children do NOT want to talk to him. When I have them call every 2-4 days it’s a constant battle. They cry and get upset. Then I’m left... Read more »

Charles Watts
Charles Watts answered on Aug 20, 2020

Even though they do not want to talk to the FOC, if there is a court order then you must adhere to that. However, the times chosen to make that contact still have to be reasonable times. In other words, he cannot force you to have the contact at 3:30 in the morning. Best bet, try to keep talking... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Do I HAVE to go to court to determine who will get custody of the kids on certain days?

Me and my separated husband has 3 kids. We haven't been to court yet. But we signed a paper that I typed out saying that he gets them half a week and I'll get them the other half. I heard that my kids dont get fed well and are mistreated while they are at there dads house. I want to keep... Read more »

Charles Watts
Charles Watts answered on Aug 20, 2020

Most likely, the piece of paper you typed out will not have any weight, as it was not an order of the court, however that is not a guarantee. Assuming you have either been served the divorce papers or you served him the papers, then there is usually a temporary order in place, which should address... Read more »

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