Featured News 2013 California Law and the Kardashian Baby Situation

California Law and the Kardashian Baby Situation

Kim Kardashian is a notable celebrity who was highlighted in 2011 for her 72-day marriage with her husband Kris Humphries after an elaborate televised wedding. The couple seemed very much in love on their wedding day, but less than three months later Kim filed papers and the two split. What has followed is a messy divorce that is still not finalized. During the midst of the divorce allegations and the claims that the entire wedding was staged, Kim has found herself a new interest. She is now going steady with the famous music star Kanye West. While the two seem very happy together, their ongoing relationship has led to an unexpected surprise. Kanye and Kim are having a baby. While this little nugget of celebrity gossip may be an interesting thing to read in a magazine, it also brings up a significant issue in family law.

How do the courts handle an illegitimate child in the midst of a divorce? Technically, Kris Humphries and Kim Kardashian are still married. That means that in the eyes of the law, the baby is Kris Humphries’ child, not Kanye Wests. This complicated situation may land the couple in even more difficulty should Humphries be forced to pay for the baby. As well, if he desires to spend time with the child, then he may have the right to usurp West’s visitation or custody of the child. The complicated situation will be reworked over in court. Still, most assume that Humphries’ won’t want anything to do with West’s baby, and will steer clear of becoming involved in the child custody situations. Because Kardashian never changed her last name at the time of their marriage, she will not need to worry about negotiating a last name change for her child as well.

If you are in the midst of a complicated custody situation like this one, then you are going to need a dedicated and caring family law attorney on your side throughout your divorce process and child custody battle. For example, if Humphries refused to give up his custody of the child solely to Kardashian in the midst of the divorce, the two may need to share the child in a custody situation or deal with court intervention. As well, West will not be declared the baby’s father unless he adopts the little one because he is not legally a part of the family.

In Kardashian’s situation, the court has already ruled that she will not need to prove that West is the father. In most situations with civilians, the mother would need to prove that the father of her baby was not her husband. This anomaly is put in place in most county courthouses, but Kardashian’s status as a celebrity has allowed her to be exempt from the requirement. Lawyers say that this proven paternity law mostly applies to situations where the father is not claiming the baby at the outset. When there are a variety of possible fathers and none of them have been willing to take financial responsibility for the baby, this can oftentimes result in a forced paternity test situation.

Kardashian has already moved in with her former boyfriend West and the father is fully prepared to provide for Kardashian’s little one. Humphries will be left out of the situation as long as he does not express a desire to be involved. If you are in a complicated family matter like this one, then you need to call a local family attorney to handle your situation. With the right lawyer on your side, you can work through your situation and eventually emerge with all situations resolved. Hire a local lawyer today!

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