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Questions Answered by Charles Watts
1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can I sue my grandchild's mother for visitation rights to my grandchild

My son and the mother of his child have no custody/visitation agreement in place. My son was not aware that he was the father of this child for the first two years of the child's life. The child's mother listed another person as being the father on the child's birth certificate. When... View More

Charles Watts
Charles Watts
answered on Nov 20, 2023

Grandparents rights are a moving target in Oklahoma and for the most part grandparents rights are those given by the parents of the child. If your son has no official rights established through the courts then you are just another person and not technically a grandparent (legally).

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: where can I find a consent to adopt template we could complete then take it to an attorney to file?
Charles Watts
Charles Watts
answered on Nov 20, 2023

The attorney will have this (or should) - and a consent has to be given in front of a judge who normally conducts adoptions. If you need assistance most of the members on here will give a free phone consult.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Revoking invalid minor child POA that I did not grant/sign? Person who granted has no rights, I have sole custody

Was done without my knowledge, I'm not sure exactly which power of attorney it is, I'm needing to revoke because my son is being illegally withheld from me because of this one fraudulent document.

Charles Watts
Charles Watts
answered on Oct 25, 2023

If it is simply just a POA in which you grant power to someone, you simply can revoke that. However, this sounds more like a Guardianship. Due to the specifics in your case, you need to consult with an attorney rather than the reliance in a general forum such as this. Best of luck to you.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How does this protect an adoptee? - In the adoption of Martindale?

Adoption -- one-year statute of limitations for challenging

adoption decrees statutory -- limit to be strictly applied. --

The Arkansas Revised Uniform Adoption Act contains a one-year

statute of limitations for challenging adoption decrees; the

legislature's... View More

Charles Watts
Charles Watts
answered on Sep 20, 2023

This is an Arkansas case and Arkansas law. You could ask an attorney in Arkansas how it affects adoptions within their state (or connected to their state if it is an ICPC adoption). However, in general it does not affect adoptions in Oklahoma, unless Arkansas is where the baby is born, because then... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is trafficking in paraphernalia

I'm charged with trafficking in illegal paraphernalia how's it trafficking when I was caught with 1 glass pipe

Charles Watts
Charles Watts
answered on Aug 23, 2023

You will need to consult with your defense attorney. They will be able the facts of the case that would not be prudent in a forum such as this.

2 Answers | Asked in Landlord - Tenant for Oklahoma on
Q: Is there still some time to get my personal property after I've been evicted that I had to leave behind
Charles Watts
Charles Watts
answered on Aug 23, 2023

It depends on the time frame of when you were evicted. "Generally," after 30 days the items can often be considered as abandoned and thus up to the landlord to do with them as they see fit. Furthermore, they can put them into storage and you would be responsible for the storage fees.... View More

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2 Answers | Asked in Consumer Law and Collections for Oklahoma on
Q: Which date determines the end of a statute of limitations? The date filed, or the date defendant was served?

Last activity on account was 6/23/18. Petition filed 5/12/23 but not served until 8/7/23

Charles Watts
Charles Watts
answered on Aug 23, 2023

The date filed typically, however, if it is proven the person actively avoided being served that could potentially extend the time.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Charles Watts
Charles Watts
answered on Aug 23, 2023

I agree with Mr. Louden - another potential aspect could be if there was a job history issue, and therefore the attorney is thinking more along the lines of having to argue for/against stable employment.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Charles Watts
Charles Watts
answered on Jul 8, 2023

Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Oklahoma on
Q: Is it a HIPPA violation for an officer to stand in on a medical apt with a person who is in the county jail?

My husband was arrested and was having a medical evaluation at the county jail here in Oklahoma and while the doctor was screening him,an officer at the jail was present in the room without my husbands consent.

Charles Watts
Charles Watts
answered on Jun 15, 2023

No this is not a HIPPA violation. When a person is in custody, medical staff have a right to be secure in their safety, if an officer is present then that is allowed.

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Q: The country is trying to take my home for property taxes

My parents left everything to me in their will. I understand that this is illegal .

Charles Watts
Charles Watts
answered on Jun 15, 2023

Property taxes are still due regardless of how you obtained the property. Therefore the county can do that. The part that is not allowed is 'income tax' on the value of the property. It cannot be shown as income against you, assuming other factors do not apply, but since you are asking... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I need motion of contempt. Motion for drug test to show as positive. Motion for judge to follow rules and procedures

I don't know where to find or how to draft. Unable to retain lawyer. But judge isn't following proper procedures, opposing counsel allowed to make hearings without motions per decree. Contempt motions. Motion for refused drug test to show as positive. And more..but where do I find these?... View More

Charles Watts
Charles Watts
answered on Jun 15, 2023

It is unfortunate that you feel the judge is ignoring procedure and the opposing party is getting away with things you do not agree with. You will not find any such forms here. This is a forum to get general answers to questions. I am not sure why you are unable to retain an attorney, but if you... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: In Oklahoma, is the cop required to tell you the amount of the ticket when he gives it to you?

In this instance it was for running a stop sign. There is no amount on the ticket and I was not told how much I have to pay

Charles Watts
Charles Watts
answered on Jun 13, 2023

No they are not required to tell you how much. The court clerk will be able to tell you the exact cost. You can just call them and ask, alternatively most have online payments and will have the amount when you put in the ticket number.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Traffic ticket said failure to use child restraints. But she was buckeld an in boosterseat in front passenger seat

Child was fixing to be 4yrs old in her booster seat buckeled in the passenger seat..highway patrol man gave me a $279 ticket cuz she was in front seat..Oklahoma does not have a age law for the front seat so why did I get a ticket for failure to use child restraints

Charles Watts
Charles Watts
answered on Jun 13, 2023

A booster seat is not allowed until after they turn 4. So while the booster seat may have buckled fine in the front seat it isn’t a car seat. Therefore the patrolman was correct in the citation of failure to use child restraints because the child was not in an actual car seat. For reference here... View More

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: DHS placed grand child in my custody. 1 year 6 months later we want to return child to parents. Can DHS prevent this?

Originally it was supposed to be a month. Mother is supposed to go to rehab. Left after detox.

Charles Watts
Charles Watts
answered on Jun 13, 2023

DHS decision will prevail in reunification with the parent(s) - if you do not want any longer then contact DHS and they will place in another home until the parent(s) either complete their tasks and are reunified or they terminate parental rights.

1 Answer | Asked in Child Custody for Oklahoma on
Q: When a couple has a child together but the father is still married to his wife, who has custody of the child in Oklahoma

The father is married. The mother is not.

Charles Watts
Charles Watts
answered on May 5, 2023

If the parties cannot agree then a paternity suit establishing custody would be the course of action to take.

1 Answer | Asked in Elder Law for Oklahoma on
Q: My mother has stage 4 cancer and has been in a specialty hospital for several weeks. The doctor advises the only thing

Keeping her alive is the IV nutrition. We would like to look at palliative or hospice care closer to home as she is 45 minutes from home now. Our stepdad thinks she is going to get better and live for years. We understand his hopefulness but disagree with the current plan of care at the specialty... View More

Charles Watts
Charles Watts
answered on May 5, 2023

Sorry you are having g to go through this tough time in your family. If your mother has an advance directive then that is to be followed, including having a medical proxy for making decisions. If she does not then they will turn to next of kin, which starts with spouse.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Oklahoma on
Q: oklahoma dhs is trying to serve me,there was a letter on my bf door when he got home,should i go pick up the paperwork ?

I haven't been serve yet,however I have called spoke w/the sheriff office asking what was this matter of the deputy told me i had until Friday to pick up the paperwork......what should i do?

Charles Watts
Charles Watts
answered on May 5, 2023

Get the paperwork. You simply refusing it will only make things more complicated in the long run.

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