Kim Kardashian Baby News: Kris Humphries Presumed Legal Dad as he is 'Handcuffed" Legally?
Kanye West was proud to announce that his girlfriend, Kim Kardashian is pregnant at a concert on Dec. 30.
To the dismay of Kardashian, however, unfortunately her ongoing divorce drama with Kris Humphries has overshadowed the good news.
According to TMZ, a man who is married to a pregnant woman is presumed to be the natural father of the child. If the baby is born during the marriage or within 300 days after death, annulment, declaration of invalidity, divorce or after a judgment or separation is entered by the court, the man is also presumed to be the father, according to CNN.
Humphries filed for an annulment and separation from Kardashian in December of 2011, but the separation has not been granted, which further makes him the presumed dad. TMZ reports that this gives Humphries the upper hand if he decides to say he is the father of the child. Should any paternity issues arise, West and Kardashian would have to provide "clear and convincing" evidence that the child was fathered by the rapper, not Humphries, through a DNA test.
Humphries filed for the annulment claiming that the marriage was based on fraud. His attorneys are seeking evidence to hold up this claim. Marshall Waller, Humphries attorney, told a judge in their last court proceedings in November that he has to further delay the divorce process because he is seeking documents from Kardashian's reality show employers, E! and NBC Universal.
Waller had West and Kardashian's mother, Kris Jenner, deposed in the divorce battle, according to Huffington Post. Waller wants them to testify at the upcoming trial to prove that West was dating his client's estranged wife while he was still married to her.
Kardashian, however, has not yet been deposed- ordered to testify in court, which has frustrated her attorney, Laura Wasser. This indicates that the divorce trial can take longer than expected. She argued in court that the length of the marriage and the prenuptial agreement, is enough evidence to help settle the divorce case quickly.
"I don't think his client has a fraud case," Wasser reportedly told the judge, referring to Humphries' attorney. "I think there's a fishing expedition going on here. I do understand the desire to get this case moved. There's nothing in particular about this case that makes it more important than anybody else."
The judge set a trial date for Feb. 15 to either dissolve or annul the couple's 72-day marriage.
