How could you be so heartless? Baby Kimye: KRIS is legally the father?!
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Recently, reports have surfaced that since Kris Humphries is
still married to Kim Kardashian, he may be legally viewed as the father of her
baby, and can possibly ask for custody. These reports are based on the fact
that, under California law, the husband of a married woman is presumed to be
the father of any children she may have while still legally in the
marriage. However, Kanye shouldn't really be alarmed by
this little legal caveat! This law is said to be intended to preserve the states interest in maintaining solid marital relationships, as well as to protect children and men who
have raised a child as their own while married to the mother of said child, not
to protect celebrity husbands who have been done wrong while in the public
spotlight.
For example, Brittany marries Jerry. Brittany has an affair,
and ends up pregnant by Clyde. She does not disclose to anyone who the actual
father of her baby may be, or her indiscretions. Jerry raises the child as his
own and is, for all reasonable purposes, has always been seen as the father of
the child. California, like many other states, has laws in place to protect
fathers like Jerry. However, if it can be shown with “clear and convincing
evidence” (usually in the form of a DNA test) that Jerry is NOT the father,
this presumption can be rebutted, and Clyde can then ask for custody of his
child.
In Kimye/Kris love triangle, Kris COULD
technically ask for custody, if he wanted to stir up some drama, but there
would be no real point. Since Kim’s divorce proceedings began long before her
pregnancy and relationship with Kanye, she would be able to easily provide TONS
clear and convincing evidence that he is in no way the father. On the flip
side, why would Kris even want to pay child support for a child he knows is not
his? One can only imagine how Kayne would take to Twitter, as well as the
stage, to rant about this situation. This is
one hypothetical battle that Kris Humphries would NEVER want to fight.
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