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McHenry County Family Law Blog

What are child custody and visitation and how do they differ?

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Many Illinois residents do not understand the child custody process and how time with a child is allotted. That's no surprise -- the process and the terminology can be misleading.

The first thing to know is that when it comes to how much time each parent can spend with their child or children, custody is not the only consideration; visitation is too. Child custody represents who the child will live with; visitation addresses how much time the non-custodial parent will have to visit with the child.

Ludacris marriage legit or child-custody ruse?

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Many Illinoisans know Ludacris for his rapping and acting. But a few also know him for his recent spate of highly public child-custody and child-support battles with his former girlfriend over their child. Many of those battles have been ugly, leaving the rapper's reputation in tatters as a deadbeat dad. Now Ludacris finds himself under attack again, this time for getting married.

That may seem strange, but so too was how Ludacris got married. He got engaged and married on the same day. Why the haste? Reports did not say, but his former flame offered a theory: Ludacris wants to use the marriage to take back custody of his child. According to his ex, he will wave his marriage in front of the court and then compare it to his ex - who is a single mother - as part of an argument that he should get the child, not her.

Five tips for unwinding finances during a divorce

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In even the friendliest of divorces, unwinding a relationship can be tough. It is not always as simple as parting ways. The couple will still need to catalogue and then decide on how to split their assets and debts. The greater the finances involved, the more work it will likely take to wrap up the process. To simplify the asset division process in a divorce, Illinoisans may want to consider the following post. While this is not a substitute for legal advice, it could prove helpful to those with questions on how to handle property division.

First, rethink your budget. And when doing it, be honest. Post-divorce life will likely cost more. During marriage, people can pool certain costs like housing. After marriage, each person has to pay for their own housing. These newfound expenses can add up.

Clint Eastwood finalizes divorce

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The holidays can be a tough time for those whose marriage has come to an end. All the holiday parties and family get-togethers offer repeated reminders of the split. But divorces happen when they must. Take, for instance, Clint Eastwood's divorce. It was recently finalized.

Eastwood and his wife had been married 18 years. They had one daughter together, also 18. The couple had shot a short-lived reality series, "Mrs. Eastwood & Company." In the summer of 2013, the couple separated.

Have an Illinois paternity problem? We can help.

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For many Illinoisans, the birth of a child is among the greatest highlights of their lives. But, for certain Illinoisans, the birth of their child is a bittersweet moment -- at once happy, yet clouded by uncertainty. That uncertainty can be the fruit of many scenarios. A common one is problems with paternity.

Paternity is important. Resolving parentage benefits mother, father and children. Mothers benefit because establishing paternity paves the way to receiving child-support payments. Fathers benefit because paternity enables them both to enforce their parental rights and to pursue a loving, long-term relationship with their child. Children benefit from the certainty of knowing who their parents are and having a relationship with both.

Navigating the Legal Landscape of Same-Sex Marriages in Illinois

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As more states legalize same-sex marriages, the legal landscape continues to evolve in the United States.  In Illinois, same-sex marriage was legalized on June 1, 2014.  The statute promises marriage equality under the law.

Where to send Illinois child-support payments

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Sometimes, the fairy tale does not last. Sometimes, the story does not end with, "happily ever after." Sometimes, boy meets girl does not end well. But, if the legacy of that relationship is an Illinois baby, each parent has obligations that survive long after the relationship has come to an end. One of those obligations is child support.

Parents who must pay child support need to do so regularly. Those payments generally do not go directly to the other parent, but to the Illinois State Disbursement Unit, P.O. Box 5400, Carol Stream, Illinois 60197-5400.

How does relocation impact child custody?

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For many Illinoisans, child custody is tough enough when both parents live near each other. But what happens when one parent wants to move hundreds of miles away or even across state lines? The answer (unsurprisingly) is that it depends. It depends on what the noncustodial says; it depends on how far the custodial parent wants to move; it depends on the child's best interest. Below are three questions and answers that shed some light on how these factors influence the outcome.

What if both parents agree to the move? Usually a court will allow a custodial parent to move if the non-custodial parent has agreed in writing to the move and the subsequent affects that move will have on child custody and visitation.

Rapper facing 5 felony counts for not paying child support

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Children are important -- and dependent. They cannot provide themselves food, clothing or shelter. They need their parents to provide these things. But not every parent does. Sometimes, one parent will ignore his or her basic responsibilities. Indeed, some parents will continue to disregard those responsibilities even after a court has ordered them to pay child support. Take, for instance, a rapper from just across the Illinois border.

Readers may remember the man as the father who claimed he died in 2009, so he was no longer eligible to pay child support. Because the rapper is still very much alive, even other rappers called him out for the outlandish claim.

Getting the right help when you're heading toward to divorce

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Some divorces breeze right along toward a quick conclusion. Others do not. Many couples can expect a drawn out process filled with back and forth about a litany of high-stake issues: who gets the kids, the house, the retirement accounts and so much more.

The myriad of life-altering questions that need to be answered during one of the toughest points in a person's life is just one reason that Illinois residents should be prepared. The attorneys at the Law Offices of KML Associates have more than 30 years of experience guiding Illinois residents through the divorce process and helping them make thoughtful decisions that serve them well both at the time of the divorce and into their future.