Reality star Kim Kardashian recently announced that she is having a baby with her current boyfriend, Kanye West. However, because Kardashian is still technically married to her estranged husband, basketball star Kris Humphries, this puts into question who the presumed legal father of the unborn child is. This brings up the question of whether Kardashian and West need to file a paternity action to ensure the rights of West as the father.
Under the California Family Code, the husband is normally presumed to be the father if the baby is born during the marriage or within a period after separation or divorce. Therefore, under normal circumstances, Kanye West would have to go through the legal process and have a paternity test done in order to guarantee his rights as the father of the "Kimye" child.
Recent modifications and clarifications of California law provide that the husband is presumed to be the father of a child if the married couple is cohabitating. Because Kardashian and Humphries are separated and no longer living in the same house, Humphries would not automatically be the presumed father. Therefore, Kanye West will not have to prove that he is the father of the child by getting a test done after the baby is born.
Although this may be the case in this particular matter, paternity actions are a complicated matter. The complexity of determining parentage is not something to handle without the help of a seasoned attorney. Contact an experienced paternity lawyer if you need assistance whether you are a mother or father who needs swift action taken to protect both your rights and the rights of your child.
Source: http://www.latinospost.com, "Kim Kardashian, Kanye Will Not Have to Prove Their Baby's Paternity, Despite Her Ongoing Marriage to Kris Humphries," Jan. 4, 2013
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