Kim Kardashian has been trying to end her marriage to Kris Humphries for quite some time, and it is becoming more clear now as to why she is so desperate to get a divorce. As perviously reported by HollywoodLife.com, Kim “isn’t able to fully embrace” her pregnancy with Kanye West because she is still legally married to Kris, and celebrity family attorney Raoul Felder says that “it is presumed by law that because Kim is married to Kris, that it is his baby.” And furthermore, Kris can attempt to claim custody! .
Kim Kardashian’s Predicament
Kim is still legally married to Kris, and this means that, by law, he is considered to be the father of her baby, even though they separated over one year ago. Because of Kris’s basketball schedule, their divorce court date will not happen until June, which is exactly when Kim is due to give birth, so she will most likely still be married when having her baby. Kanye had been previously desperate to get Kris out of Kim’s life, now more than ever it would seem!
“It is presumed by law that because Kim is married to Kris, that it is his baby,” says Felder. “The state has vested interest in not having bastards, so there is a presumption that he is the father. Kim will have to prove that he isn’t. However, he will likely also want to prove that it is not his child, or he will have to pay support.”
Kim is in quite a predicament, because even though Kanye is clearly the father, Kris is still her husband, AND he could even make a claim for custody! “He could get custody, because he is the presumed father,” says Felder. He advises that Kim should divorce Kris, and do it fast.
“It is in her interest, but it doesn’t matter really because he was her husband when the child was conceived, so he is still presumed the father. I would advise her to give him whatever he wants and get out of that marriage fast.”
Kim’s Lucky Escape
While it is still in Kim’s best interest to get divorced fast, the fact that Kim started her divorce proceedings before getting pregnant should invalidate any claim of fatherhood that Kris could make. Phew!
Divorce attorney Vikki Ziegler says that “by filing for divorce Kim’s marriage was actually terminated, even though she is still legally married. It is assumed that she might date afterwards, and that is not adultery. She hasn’t even been talking to Kris, so he could not get custody without a DNA test. They could do one at the birth and very quickly determine that he is not the biological father.”
We just hope that Kim doesn’t let the stress of this divorce ruin her exciting her baby news!