David S. Kowalski’s Answers

David S. Kowalski

Madison Divorce / Separation Lawyer.

Contributor Level 11
  1. Tax exemptions (federal & state) for minor child.

    Answered 8 months ago.

    1. David S. Kowalski
    2. Tara Sturhahn Rosenblum
    3. Robb Adam Longman
    3 lawyer answers

    Tax exemptions are routinely alternated in the way you describe. However,the parent with the majority of child placement must be granted the right to file as head of household status.

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  2. Does my 14 year old son have to go to his dad's house for scheduled visitation.

    Answered 4 months ago.

    1. David S. Kowalski
    2. James CW Bock
    2 lawyer answers

    You might try speaking to dad about these concerns. In addition, it might be helpful to enroll your son in some counseling sessions with an experienced family counselor. Your HMO could refer you to someone. If the situation does not improve, you may also wish to file a motion to modify either the placement schedule, or to put some safeguards in place about interaction between your son and stepmom. In that case, I recommend that your retain an experienced child custody lawyer.

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  3. How old does your child have to be to talk to his guardian ad litem?

    Answered 5 months ago.

    1. David S. Kowalski
    2. James CW Bock
    2 lawyer answers

    He's wrong. The guardian ad litem is required to account for the child's wishes, though not necessarily follow them. At 7 years old, most children are capable of expressing their wishes and concerns in the right context. The GAL should meet with the child and determine those wishes. The GAL will also speak to both parents and others involved your son's life to do a thorough investigation. Most judges will not allow a child to actually testify in court (which I agree with), so your son's...

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  4. How to overturn a GAL recommendation

    Answered 9 months ago.

    1. David S. Kowalski
    2. Stephen Ross Cohen
    3. Lee Alan Thompson
    3 lawyer answers

    The GAL is a lawyer like any other. Although judges generally give the GAL's recommendations significant weight, the GAL must support her position with evidence. If you are proceeding to trial on a child-related dispute, and the GAL is opposed to your position, I strongly recommend that you retain an experienced family lawyer. Not only to represent you and ensure that your position is advocated, but also to ensure that the GAL is required to properly produce evidence supporting her position.

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  5. Does purchasing a home outright using money from an inheritance (separately titled), keep that home safe from property division?

    Answered 2 months ago.

    1. David S. Kowalski
    2. Amy Boettcher
    3. Wayne W. Wilson Jr.
    3 lawyer answers

    I highly recommend that you work with an experienced family attorney on this matter. You are definitely on the right track, but you also want to be careful how expenses, renovations, taxes, etc. for this home are paid. The large sum of money involved makes it very worth your while to consult with an attorney to avoid unintended consequences.

    5 lawyers agreed with this answer

  6. Awarded sole legal & physical custody of all 4 of my children @ the temp hearing so should my son be made to move in with me?

    Answered 7 months ago.

    1. David S. Kowalski
    2. Lee Alan Thompson
    2 lawyer answers

    As a parent, you have certain rights to your children. A non-parent does not have those rights, unless they have been granted by a court in Texas or Wisconsin. You do not indicate whether there is an order granting any rights to the aunt, so that would affect the answer greatly. In any event, you really should work with an attorney experienced in interstate child custody matters, since the rules in those cases are not easily understood.

    5 lawyers agreed with this answer

  7. How to I argue a harassment restraining order, proving no harassment, successfully? Case of woman scorned-

    Answered 14 days ago.

    1. David S. Kowalski
    2. James CW Bock
    3. Ginger L. Murray
    4. Jay Scott Finnecy
    4 lawyer answers

    I strongly recommend that you retain a lawyer. Although you may have text messages, etc., you must be able to submit that information properly as evidence. It is also important that you address the specifics of the legal definition of harassment in a way the court will accept.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What options do I have post divorce regarding getting paid for child expenses?

    Answered about 2 months ago.

    1. Jane E Probst
    2. David S. Kowalski
    3. Sara L. Gehrig
    3 lawyer answers

    I agree with the previous poster. I would add to make sure you have sent the request to your ex husband to pay the expenses. Many judges will require that you documented the expenses to him, and asked for payment, before they will find him in contempt.

    4 lawyers agreed with this answer

  9. If my daughter now has a legal guardian does that mean that I gave up my parental rights to her?

    Answered 3 months ago.

    1. Howard M Lewis
    2. David S. Kowalski
    3. Paul J. Milaeger
    4. Jane E Probst
    4 lawyer answers

    A guardianship does not terminate parental rights. You would have to review the guardianship papers to see what rights the guardian has. Generally, they do not prevent you from contact with your daughter, speaking to her, or making decisions for her. I recommend you speak to a child custody lawyer on this issue.

    4 lawyers agreed with this answer

  10. Would the court allow me to relocate to my home town out of state?

    Answered 4 months ago.

    1. David S. Kowalski
    2. James CW Bock
    2 lawyer answers

    Wisconsin law also requires you to provide a notice to the court. Father can then object, and there will be a hearing. But there are a few different means for him to try to prevent your daughter from going with you to Texas. You will want to be sure that you are prepared for those arguments. Relocation with a child is taken seriously by judges, and there are certain presumptions and procedures that could work in your favor. I strongly suggest that you retain an experienced child custody...

    4 lawyers agreed with this answer

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