In California You May Be Considered the “Baby Daddy” Without Being the Baby’s Daddy

PregnantCelebrities and the sometimes twisted lives they lead make for fabulous tabloid fodder – entertaining perhaps, but not usually educational per se. On the contrary, the current soap opera surrounding Kim Kardashian, Kris Humphries, and Kanye West provides the perfect scenario to learn about one aspect of California law most people may be unaware of. Kardashian and Humphries married on August 20, 2011.  Seventy-two days later, they split up and Humphries claimed the marriage was a fraud from the get-go.  In legal parlance, Humphries claimed grounds for an annulment.  Kardashian, on the other hand, wanted a divorce and denied any fraud on her part.  Leaving the intervening details to the tabloids, suffice it to say that as of January 2013 Kardashian and Humphries are still legally married. Which brings us to the twist in this story:  Kim Kardashian is pregnant and it’s no secret that the baby was sired by Kanye West.  Nonetheless, under California law, as long as Kardashian is married to Humphries, Humphries will be presumed by law to be the baby’s father.  Like other states, California has anti-bastardization laws, also known as parentage laws, which state when a mother is married, her newborn child is legally presumed to be her husband’s child. In other words, Humphries will be deemed to be the baby’s legal father unless he disputes parentage through the court system.  He will have all the rights and responsibilities of a father to include visitation rights and the duty to provide child support. Surely Kardashian and West can put together enough money for diapers and daycare, but you never can tell with some folks.  Humphries may want to take steps to protect his good name, especially since he claims he was never legally married to begin with. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce, custody, or other family law matter.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.