Pregnancy, marriage and presumptions of paternity

The pregnancy of Kim Kardashian has garnered much attention, given her status of being famous for being famous and his celebrity within the music business. With all of the gossip, one issue is of legal interest. When a married couple has a child, the husband is presumed to be the father in many states. Since Kim is still legally married to Kris Humphries, the Brooklyn Nets basketball player, in some jurisdictions, Kris could be presumed to be the father.

According to the Huffington Post, in California, the presumption of paternity assumes that the married couple is living together at the time of the child's birth, and as important, at the presumptive time of conception. Because Kris Humphries and Kim are separated, that presumption should not apply, and Kanye can sign a declaration of paternity to assure he is identified as the legal father of Kim's baby.

This is important, because one element of paternity that goes along with it is child support. A father is legally obligated to support his children and the only way to end this liability it to disprove paternity or show another man has legally adopted the child.

In Florida, the presumption of paternity has been described as "one of the strongest rebuttable presumptions known to the law." Florida, unlike California, does not account for a married couple not living together, so it appears a husband would remain the presumptive father, but that presumption could be challenged.

Because of the significance of child support obligations, determinations of paternity are always important.

Source: The Huffington Post, "Kim Kardashian, Kanye West Will Not Have To Provide Evidence Of Their Baby's Paternity," January 3, 2013

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