Like any new father, Kayne West was excited to announce that he and Kim Kardashian are expecting Hollywood’s newest baby. But the excitement may soon turn to frustration as the couple deals with complications stemming from Kardashian’s marriage to basketball star, Kris Humphries. A paternity dispute in the media spotlight is something the couple probably wants to avoid.
Like many states, Michigan has a definition of a presumed father and it is the man who is presumed to be the baby’s biological father merely through his marriage to the mother. California also has a presumed father law on the books and according to the state’s definition, Humphries would be the presumed father of the baby because he and Kim are still technically married.
The couple was only married for 72 days. They filed for divorce over a year ago but the divorce is still not finalized. After the divorce filing, Humphries submitted an application to have the marriage annulled but they still have not received a judgment granting separation.
Kayne should be able to assert his rights as a father by presenting clear and convincing evidence to the court that he is the father. DNA evidence would certainly suffice.
Michigan parents who find themselves in tricky situations like this, where the law does not keep up with the modern family dynamic, may want to solicit the help of a family law attorney. Being aware of the state law regarding paternity and parentage can help ensure that a parent’s rights are not subverted. A court can grant a paternity determination and secure visitation and custody rights all while looking out for the best interests of the child.
Source: CNN, “In Cali, Kris Humphries is the presumed dad of Kim K.’s baby,” Carol M. Gantt, Jan. 3, 2013