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Questions Answered by Charles Watts
1 Answer | Asked in Criminal Law for Oklahoma on
Q: can a felon living in oklahoma carry i black powder pistol for protection
Charles Watts
Charles Watts answered on Dec 23, 2020

Short answer - NO. A convicted felon (that has not been expunged and stricken) cannot be in possession of a firearm. Black powder pistol is still considered a firearm.

1 Answer | Asked in Tax Law for Oklahoma on
Q: I want to start a small auto repair shop in Arkansas. What tax information do I need and LLC information and cost for

Tax ID number

Charles Watts
Charles Watts answered on Dec 23, 2020

You will need to ask this in the Arkansas forum. Getting an LLC here is not that complicated and I would assume Arkansas isn’t much different however you will need to ask an attorney licensed in Arkansas for the accurate answer.

2 Answers | Asked in Divorce for Oklahoma on
Q: If I am served papers, do I need to sign them right away? Or can I take them with me, review them, & sign when ready

My wife filed a petition for divorce. I’m being served papers tomorrow. My spouse’s father is telling me to meet him tomorrow morning with a notary to sign the papers. Do I need to sign them then or can I take them, read over them, and sign and get them notarized when I’m ready?

Issue... Read more »

Charles Watts
Charles Watts answered on Dec 23, 2020

A notary is not needed to be served papers. You should NOT sign anything when being served. You should receive a copy of the summons as well as the petition. Then you have a little over two weeks to file your answer/response with the court. If you have any other questions then reach out to a family... Read more »

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2 Answers | Asked in Child Support for Oklahoma on
Q: Does a father who has 50/50 custody have to pay for child support in Oklahoma if the mother uses state funded daycare?
Charles Watts
Charles Watts answered on Dec 23, 2020

I agree with Pete. One other aspect is that even though it is state funded the state will want to collect some of that back if possible therefore that is calculated into the child support guidelines provided by the OKDHS-CSS.

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1 Answer | Asked in Contracts, Estate Planning, Antitrust and Probate for Oklahoma on
Q: Before my father passed he verbally left me an RV but never addressed in the will, now being denied by exec.

Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have .

Charles Watts
Charles Watts answered on Dec 8, 2020

In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should... Read more »

3 Answers | Asked in Child Support and Family Law for Oklahoma on
Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

Charles Watts
Charles Watts answered on Dec 8, 2020

Both Pete and Brian are steering you correctly. There is no termination of parental rights in regards to child support. Likewise, just because termination of parental rights is done, does not relieve the party of providing support, until another party takes claim to the child (ie. adoption).... Read more »

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2 Answers | Asked in Child Support for Oklahoma on
Q: My ex wife wrote and notorized a letter that if I gave her house,she would never seek child support from me. She claims

She wants child support since my financial situation has changed.claimed paper will not hold up in court

Charles Watts
Charles Watts answered on Dec 8, 2020

Pete is correct. Your decree would be more of an integral piece than the agreement. Your decree will speak directly to this or should, which would in essence make the paper not hold up because it cannot supersede the order of the judge. However, if this was after the fact, or if the decree... Read more »

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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Is adopted child responsible for bio parent at death?

My sister and I were contacted by my bio dad's brother stating he died and we are next of kin. We have not seen him since we were 3 & 5yo (40 years ago). We were adopted 27 years ago by a man we have always considered our father. The last 8mo or so my bio dad has tried to make contact with... Read more »

Charles Watts
Charles Watts answered on Nov 22, 2020

In short, the answer is no. There are always extenuating factors that can be involved, but that would require you sitting down with a family law attorney and working through all the details. An adopted child can receive inheritance from the biological parents as well as the adoptive parents, so... Read more »

2 Answers | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: Can my parents win a case against an 18-year-old if I'm 16

I live in Oklahoma and the age of consent is 16 can they really win a case?

Charles Watts
Charles Watts answered on Nov 22, 2020

This question requires much more information to be answered with any degree of accuracy. However, while the age of consent is 16 in the state of Oklahoma, the age of majority is 18, therefore a 16 or 17 year old is still considered a minor. Furthermore, if you are basing this question solely on a... Read more »

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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 »

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