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Questions Answered by Charles Watts
2 Answers | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can my husband kick out my 18 year old daughter, who is not her biological father? Without my consent?
Charles Watts
Charles Watts answered on Jun 1, 2021

I noticed you are in Keller, TX and this is the Oklahoma forum so we can only advise on Oklahoma law and what happens in Oklahoma. With that being said there are more details needed to answer your question accurately. In short it depends- if you are living there also and this is a marital property... Read more »

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1 Answer | Asked in Uncategorized for Oklahoma on
Q: My dad passed away and my brother doesn't want to give me half of the house and the vehicles

What can I do

Charles Watts
Charles Watts answered on May 31, 2021

Contact an attorney specialized in estate and/or probate issues. Sooner the better it sounds like.

2 Answers | Asked in Family Law and Tax Law for Oklahoma on
Q: How do I get my children's social if she wont give it to me? I'm the head of house hold.

I found out by DNA that I'm the father of twins in Dec of 2020. I am not on the birth cert. I moved to Oklahoma February 24th. I currently provide for the entire family. My two 8 month twin girls, her 7 yr old girl, her 17 year old son and her. she said she's moving out and i want to know... Read more »

Charles Watts
Charles Watts answered on May 31, 2021

Contact a family law attorney and pursue a paternity action along with custody of the children. This is not something you should attempt without an attorney because it could create additional issue later if you did it solo.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can the primary custodian keep kids from goin to other parents, jus cuz they are grounded?
Charles Watts
Charles Watts answered on May 30, 2021

Based on the limited information in the question the short answer is NO. The child being grounded does not supersede a court order visitation schedule.

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

2 Answers | Asked in Family Law for Oklahoma on
Q: I’ve been my 4 yr old granddaughter’s legal guardian for well over 3 years. Would visitation thru courts be possible

She has been with me 24/7. For the past 3 months her dad has started spending some time with her including 1 or 2 over night stays per week. Her mom has been in life a bit more often but only bc I am the maternal grandmother. My question is due to her dad not caring about the bond she has with me... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If you are the legal guardian then ultimately you have the control over the child and where they stay or do not stay. There was a reason the court put the guardianship in place to begin with. Contact an attorney to discuss your options but based on the limited information that is given here it... Read more »

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4 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mom wants to leave her house to me, and exclude my siblings from any claim. What is the best (and cheapest) way?

The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... Read more »

Charles Watts
Charles Watts answered on Apr 20, 2021

This can be achieved with a will / trust. Since you are aware this will be contested, or you suspect it will be, then do not try to use a free form or the cheap way. You need to invest, more specifically your mom will need to invest in a qualified attorney to draft this for her. There needs to... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: We filled for divorce and were given a court date. The clerk told my husband to be ready to testify

We have nothing to testify. We have an uncontested divorce. We turned in my waiver to show up and we have no idea what he has to testify about. The clerk said the judge was old school and if he didn't testify right or say the statement right he would deny the divorce. When my husband asked... Read more »

Charles Watts
Charles Watts answered on Apr 19, 2021

Typically, even in uncontested divorces, the filing party (Petitioner) will have to testify. What this usually entails is stating their name for the court, they have lived in the county and state for the required time, things are not going to get fixed, and they understand they cant marry anyone... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I blacked out from drinking too much alcohol, someone had sex with me while I was blacked out, is that rape in Oklahoma?

I have no memory of making inside my apartment or anything after that and woke up the next morning naked from the waist down. I was left on the couch with my pants on the floor and no blanket to cover me. He was in my bed in my room sleeping. He was also drinking but only had 3 drinks in comparison... Read more »

Charles Watts
Charles Watts answered on Apr 19, 2021

By definition a person who gives consent to sex, but technically is unable to, is a victim of 2nd degree rape, also known as statutory rape. You need to contact your local law enforcement agency for potential criminal charges to be filed on the perpetrator.

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2 Answers | Asked in Divorce for Oklahoma on
Q: What are the chances of a person facing criminal charges due to bigamy
Charles Watts
Charles Watts answered on Mar 29, 2021

It’s technically a felony if memory serves me but I do not know the last time a DA actually filed those charges. It’s very very rare.

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4 Answers | Asked in Family Law for Oklahoma on
Q: Does the state of Oklahoma allow annulments for the grounds of bigamy
Charles Watts
Charles Watts answered on Mar 29, 2021

As lo mg as you meet the residency requirements then yes that is a grounds for annulment.

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1 Answer | Asked in Child Support for Oklahoma on
Q: My son is paying support plus insurance for the child he doesn't see. The mother is married and her husband owns a

business. They have a good income. Would the mother's income offset my son's support? He pays $275/mo and over $150 a month for the child's insurance.

Charles Watts
Charles Watts answered on Mar 20, 2021

The mothers income as well as your son’s income is both calculated in the child support calculations. Then then overnights spent with each parent determines affects the percentage of expenses split between the two as well as the amount paid.

If your son is paying healthcare directly (as...
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1 Answer | Asked in Car Accidents for Oklahoma on
Q: If my car was impounded,I didn’t receive any citations nor do I have the title:is it up to the tow yard to let me get mY

Things out or are they required to let me get my stuff out by law?

Charles Watts
Charles Watts answered on Mar 20, 2021

They are not required to let you have anything out of the car until you pay them. Until that time it is all considered collateral for the expense of towing and storage.

1 Answer | Asked in Criminal Law, Immigration Law and Juvenile Law for Oklahoma on
Q: Is the charge “unlawful possession of vapor products” a drug related offense? and if so would it disqualify me from H.R6

I don’t think H.R 6 2021 is a law yet but would it disqualify me? i only had a vape cartridge and got charged with unlawful possession of vapor products because im a juvenile. it might have been thc in the cartridge but they put vapor products so would this mean its a drug related offense or is... Read more »

Charles Watts
Charles Watts answered on Mar 20, 2021

The erm "vapor products" shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.

Therefore this is the same as possession of tobacco products (ie cigarettes, cigars, etc...)

Failure to pay the fine associated with it results in suspension of DL.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Can I terminate my son's father's rights and adopt him myself?

My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... Read more »

Charles Watts
Charles Watts answered on Mar 20, 2021

There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: We had a hearing for our Ex Parte Custody Order & the Defendant didn't show, the Judge extended it Whats our next step

We don't know if we need to petition something again or have him served with the new court orders?

Charles Watts
Charles Watts answered on Mar 20, 2021

If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.

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2 Answers | Asked in Divorce for Oklahoma on
Q: Just now starting divorce process; do we need our own lawyer?

My soon to be ex husband and I are in agreement on everything inside our house as far as who will get what. We have it on paper and are about to have it notarized. However, we just bought this house on 9/30/2020 and he is wanting to stay in the house. I do not mind if he does, I just don’t know... Read more »

Charles Watts
Charles Watts answered on Mar 17, 2021

NO, you do not have to each have an attorney. I would recommend having a lawyer represent one of you so that things are drawn up and filed properly. The other party can be pro se (represent themself). The lawyer technically only represents one of you (recommend that be the one filing the... Read more »

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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Does Oklahoma mandate marital counseling before divorcing with kids? I already took the class for divorcing parents.
Charles Watts
Charles Watts answered on Mar 16, 2021

No- counseling is not mandated. The only thing that will be required is the co-parenting class. I have seen this class waived for one parent if they are not receiving any visitation, but anyone receiving visitation/custody will have to go to the class.

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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Does North Dakota calculate mothers income into child support? We have an agreement but i make much less now.

It states that we can’t file to modify until the 18 months is up. That is coming up. She lives in ND and i live in OK. How will support be calculated for 2 children now that i am making less and in a different state?

Charles Watts
Charles Watts answered on Mar 1, 2021

If your case/order is in North Dakota then you will need to contact a ND licensed atty to assist you.

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... Read more »

Charles Watts
Charles Watts answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

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