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Questions Answered by Charles Watts
1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts
answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

1 Answer | Asked in Contracts and Collections for Oklahoma on
Q: Do I need an attorney to do a writ of assistance to obtain personal property and money over 10,000.00?
Charles Watts
Charles Watts
answered on Feb 22, 2022

Oklahoma allows pro se representation so no you do not have to use a lawyer. However I would advise you to use one because there are a lot of things that can get missed if you are not familiar with the process.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Custodial parent has withheld children from non custodial parent for 4 years. What can be done?

Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.

Charles Watts
Charles Watts
answered on Feb 22, 2022

From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm the mother and I want to sign temporary guardianship over to my parents. I'm in a Child safety case with DHS.

I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case

Charles Watts
Charles Watts
answered on Feb 13, 2022

DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... View More

1 Answer | Asked in Divorce and Banking for Oklahoma on
Q: Can I get prosecuted for transferring money out of my husbands checking account over to my cash app card

Can I get prosecuted for stealing

Charles Watts
Charles Watts
answered on Feb 9, 2022

Are you married still? Are the any injunctions in place? Do you have access to the account normally? However, you will not probably get a direct yes or no answer on this from any attorney because there are always many facts that go into things. Contact a family law attorney to assist you in... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My ex has our 12-year-old daughter in OK. I moved to Texas to be with my husband as he is deployed here for the USAF.

Instead of moving her from everything she knows, I have allowed her to stay there with her father. I speak to her daily, video chat, and visit 1-2 times each month.

Our custody agreement is old and outdated. Her father has recently begun a trend of not responding to occasional questions... View More

Charles Watts
Charles Watts
answered on Feb 9, 2022

You can file a modification but from what you are saying you may not meet the significant change standard required to get the modification. Depending on the wording of your previous custody order you may be better with a motion to enforce if there is something that is not being adhered too. Contact... View More

3 Answers | Asked in Estate Planning for Oklahoma on
Q: My dad lives in Arlington Texas. He and my mom are joint owners of my home in Oklahoma. My mother passed away 2019.

They are still listed as joint owners of my home. Daddy wants to get their names off my home and put me on it. Or at least take moms name off and add me. My dad has it willed to me but I need it in my name to get homeowners insurance and homestead on my taxes. How’s the easiest way to remove my... View More

Charles Watts
Charles Watts
answered on Feb 9, 2022

Your father filing a Quit claim deed would be your easiest and cheapest way.

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1 Answer | Asked in Family Law for Oklahoma on
Q: Can an adult child make medical Decisions for her father over the stepmom (his wife) if he is on a ventilator?

He coded in Surgery and was placed on a ventilator and has not woke up in a week. Doctors are not sure why and the wife is not doing enough or pushing for testing. She is just waiting. Can his adult child make medical decisions over her and how if possible?

Charles Watts
Charles Watts
answered on Feb 8, 2022

The only way the adult child could override the spouse is if there is an advanced directive that designates the child as a proxy for decisions.

1 Answer | Asked in Family Law for Oklahoma on
Q: Will a da sign off for removal of kids from their home due to domestic violence
Charles Watts
Charles Watts
answered on Feb 7, 2022

That would exceed the power of the DA. The DA could request it but the judge judge would have to order it, unless it is through the DHS.

1 Answer | Asked in Family Law for Oklahoma on
Q: Am i able to leave to Texas with my child, without being accused of kidnapping?

Currently living in Oklahoma with father of my child

Charles Watts
Charles Watts
answered on Feb 6, 2022

This is not a simple yes or no. There are many factors involved and would also depend on your current custody order.

1 Answer | Asked in Family Law and Tax Law for Oklahoma on
Q: If you are making child support payments are they allowed to take your taxes.

I owe back payment but I thought if you made the monthly payment they couldn't take your taxes. They didn't take it last year

Charles Watts
Charles Watts
answered on Feb 6, 2022

In short, yes it is within the ability of CSS to take taxes to pay for arrears.

1 Answer | Asked in Family Law for Oklahoma on
Q: Mother just passed away. Estranged spouse (2 yrs) trying to get everything but not pay any funeral expenses or bills.

She has 3 grown daughters.

Charles Watts
Charles Watts
answered on Feb 1, 2022

Sorry for your loss. This time is always challenging. Is there a question you are wanting to ask?

1 Answer | Asked in Divorce for Oklahoma on
Q: Can I ask husband refinance our home and pay my equity and remove my name from the home & property prior to divorce

He took me off joint bank accounts, cell phone plans and car insurance this past fall 8/21-12/21. 1/5 he turned off access to hot water and washer and dryer. I had surgery 1/7 and I'm currently staying with family in Missouri recovering.

Charles Watts
Charles Watts
answered on Jan 20, 2022

In most situations there are automatic injunctions put in place to prevent the changing of bank accounts, insurance, and utilities and the like. You need to consult with an attorney on this so that you can be represented fully. To your other question, yes you can ask, and file a joint affidavit... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: My husband got a job at Waffle House and started having an affair with the general manager now he lives with her she ha

..house assaulted me and sends me vulgar messages about what her in my husband do Waffle House has a no fraternizing policy I have contacted Waffle House and informed them of this and I've done nothing is there anything I can do?

Charles Watts
Charles Watts
answered on Jan 11, 2022

You cannot force Waffle House to do anything. You, however can file a police report for the assault and harassment against her. Additionally you can file for separation/divorce against your husband if you are not able to reconcile. Good luck to you.

1 Answer | Asked in Child Custody for Oklahoma on
Q: Any laws in MO against moving to another state with your child before paternity is established?

He got an online DNA test kit after I moved from Missouri to Illinois, and he found out she is his after I moved to Illinois. He still doesn't know I moved, and hes been making threats to try and take me to court to get full custody of her. The courts have no reason to Grant him full custody,... View More

Charles Watts
Charles Watts
answered on Jan 5, 2022

You will need to post this in the MO and IL forums.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Can you have a felony and obtain a seller license in the state of Oklahoma?

I am a felon and I'm trying to work at the thunder games and they say I need to obtain a license can I do this?

Charles Watts
Charles Watts
answered on Jan 5, 2022

What are you attempting to sell and how long has it been since the felony conviction? More information is required to fully assess your question.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What makes lawyers better than us in the court why do judges and lawyers say to seek counsel like we are not capable
Charles Watts
Charles Watts
answered on Jan 5, 2022

Because, in a lot of cases it is better for you to seek counsel. What often appears like "common sense" may in fact be the opposite of what years of case law and statutes have said. This is where the lawyer and judges may, not always, be more capable in actual knowledge of the law. I... View More

1 Answer | Asked in Education Law, Tax Law, Banking and Business Law for Oklahoma on
Q: I am on a school board for a private school.

Can a parent make a donation to the school (501c3) and then ask for the money back if they move or enroll their child elsewhere?

Charles Watts
Charles Watts
answered on Jan 5, 2022

The parent can ask - but there isn't anything requiring the refund. There is no federal law, and most states classify the donation as a gift and therefore no longer the property of the person giving the donation, and thus not required to be returned. However, if the funds were donated with... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a 16 year old granddaughter in Tampa Florida. She has called me this evening after a fight with her mother.

Her mother told her to pack her bags and get out and she never wants to see her again. I live in Oklahoma. Am I able to go get this child without legal repercussions?

Charles Watts
Charles Watts
answered on Jan 4, 2022

Yes and no - or better yet - it depends. Since the child is a resident of Florida you will need to talk to a licensed attorney in Florida to establish a guardianship and then you would be able to bring the child here. But without that in place I would be cautious.

1 Answer | Asked in Insurance Defense for Oklahoma on
Q: If i am parked at a stop sign waiting to turn left then switch my blinker to right due to heavy traffic can i turn right

I was at a stop sign, in the middle of the driveway, leaving a private drive with no designated turning lanes when i switched my blinker to turn the opposite direction due to heavy traffic. While waiting to turn another vehicle came from behind up on right hand side of my vehicle in blind spot.... View More

Charles Watts
Charles Watts
answered on Dec 30, 2021

This is one for the insurance companies to fight out but if you turned into them and they were sitting still then most likely you will be responsible party because you are responsible for your car in movement and making sure to clear obstacles.

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