April 29, 2013

Kim, Kanye and Kris: Whose Child Is It?

Kim Kayne Kris divorce and babyThe pending birth of Kim Kardashian’s first child is creating substantial media buzz.  The marriage of Kim to Kris Humphries was a well publicized television event, which ended in separation days later and is now being ended by a California court.   In the meantime, Kim has reputedly become pregnant by music star Kanye West., and will most likely give birth before her marriage to Kris is ended.

Kim might be surprised to learn that most states in the US (including California) have adopted the Uniform Parentage Act, and could presume her baby is a child of her marriage to Kris Humphries. Under that law, children conceived during marriage and born within 300 days of a divorce can legally be presumed to be children of the husband.  Kanye could agree to submit to blood tests to prove his paternity of the child, but even then the baby could simply have two presumed fathers – not one — and the court would need to conclude which presumption prevails.

Kim and Kris could have avoided this public and legal mess by agreeing to resolve their differences privately through Collaborative Divorce.   Collaborative Divorce is a completely private way to resolve family law disputes, through the use of inter-disciplinary professionals such as financial analysts, mental health professionals, and attorneys.   It is designed to contain the cost and length of legal proceedings, and to help couples create their own solutions – the smartest possible solutions – with the help of their Collaborative Team.  Good luck to Kim, Kris and Kanye!  Their dispute may languish in the court system for many months to come.

Judith H. JohnsonABOUT THE AUTHOR
Judy Johnson
Collaborative Attorney

Judy is a Collaborative Divorce attorney who was a major contributing attorney author to the Minnesota Parenting Plan legislation., enacted in April 2000. She celebrates the fact that divorcing parents can now call themselves "parents" and not "custodians" of their children in Minnesota. Judy practices in Edina and helps her clients create the smartest and best futures for themselves and their families.

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2 Responses to Kim, Kanye and Kris: Whose Child Is It?

  1. Emily Murphy says:

    Fantastic! Another great illustration that it is best for a couple to agree to the terms of their divorce rather than letting a judge or Court do it for them!

  2. Amazing when the divorce process lasts much longer than the actual marriage. It’s so much better when couples can bring their marriage to closure, and then move forward with their lives. The moving forward for these folks happened while still fighting about the marriage. Much messier!

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