Kim and Kanye Announce Baby, But Kim and Kris Still Married - The Houston Family Law Blog

The Houston Family Law Blog

Kim and Kanye Announce Baby, But Kim and Kris Still Married

Earlier this week, we heard the news that Kim Kardashian was carrying Kanye West's baby. But what's more interesting is that the pregnant reality star is still technically married to someone else.

Kanye made the announcement during a performance in Atlantic City on Sunday, when he asked the audience to congratulate his "baby mama," reports The Spin. Kardashian went on to confirm the statement on her website.

What isn't confirmed, however, is her divorce from Kris Humphries.

And it doesn't look like that divorce will be final by the time Kim K. gives birth, either.

Despite the couple only being married for 72 days, the divorce isn't looking that simple. For one, Humphries is asking for Kardashian to return the engagement ring -- a 20.5-carat Lorraine Schwartz ring worth $2 million.

Now why would Kim want to let that go?

Going back to the baby, paternity could potentialy be an issue for Kim K. That's in spite of the fact that Kanye made a grandiose announcement claiming to be the father.

Legally, Humphries is presumed to be the father, at least under California law. That's not to say that he will be legally deemed to be the child's father. It's just a presumption, which means that Kim and Kanye may have to take some extra steps to prove that Kanye is really the dad.

Under Texas law, the paternity question would be just as muddled up. A father who is not married to the mother of his baby generally can't just walk in and claim to be the legal dad.

Yes, he's the biological dad, but his legal obligations aren't clear until he proves them. In Texas, unmarried parents typically have to complete an Acknowledgment of Paternity to establish legal fatherhood.

There's no word that Humphries plans to claim paternity in this case. Nor should he want to, especially considering that doing so would open the door to potential child support payments down the road.

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