The Kardashians have been involved in numerous baby mama and baby daddy dramas over the last year. Khloe Kardashian and Tristan Thompson welcomed a baby girl last week amid rumors and Instagram videos of Tristan having sensual interaction with several ladies at a nightclub. Although reports suggest Khloe has decided all is forgiven in the afterglow of having her bundle of joy, as more details emerge it’s possible that the two lovebirds may be moving toward parenting separately as opposed to living together as a family. Almost a year ago, Rob Kardashian leaked nude pictures of his baby mama Blac Chyna on social media and the two immediately ended up in court. Since then the couple has seemed to co-parent peacefully but we hear Blac Chyna is planning to return to reality TV. Could this throw a wrench in the couple’s peaceful standoff? We asked the ladies of the Elite law firm to explain the details of parental disputes, visitation and all things baby mama and baby daddy drama.
We asked Demetria Graves, CFLS, if Thompson’s videotaped behavior with the women could be used against him in a potential child custody battle if the couple doesn’t make it. “Tristan’s behavior occurred prior to the birth of their daughter, so the introduction of such evidence to prove he should not see their daughter will be challenging. However, if such behavior continues (late nights, club appearances, etc.), Khloe’s attorney could make an argument that he is unable to stay at home long enough to care for their daughter. There are several fathers who make terrible husbands and/or boyfriends but make excellent fathers. Tristan would definitely need to stay under the radar for some period of time and exercise better judgment. His alleged cheating behavior may have ended his relationship with one of the most popular women in the world, but it does not totally disqualify him as a father,” Graves explains.
In situations like this, she says the most difficult part can be visitation, especially if the parents live in different states when the children are young. “Tristan’s biggest challenge is that the parties will now most likely live in two different states. The distance [between] the parties may require Tristan to frequently travel to Khloe and the baby unless until she is old enough to travel on her own. The age in which a child can travel as an ‘unaccompanied minor’ is totally subjective to the parents and because of her anticipated celebrity, that may not be an option, unless she flies privately. Also, because of the germs, etc. associated with traveling, the initial responsibility to exercise his custodial time will most likely fall on Tristan. Understanding that their daughter is a newborn and if he wants to assist in eliminating the obvious tension in this case, bearing the burden of travel is most likely in Tristan’s best interest for now,” Graves says.
Hopefully, things will go smoothly but if not Graves says the couple may need a bit more help from the court. “If the parties are unable to draft a plan that works for them and their respective careers, either party can petition the court to determine a custody and visitation plan that works for the parties. Such request will most likely occur in the state where their daughter resides. Any schedule granted would most likely include an off-season schedule and active season schedule. Khloe is also a very busy woman, so all of these factors will come into play in any custody proceedings,” Graves says.
When it comes to Rob Kardashian and his ex-fiancée Blac Chyna things are even simpler. Merissa V. Grayson, ESQ aka “America’s Blended Family Expert” clears up any misconceptions when it comes to what the court takes into consideration when making judgments on child custody hearings. Grayson says the court takes a lot into account when deciding child custody, such as:
-The child’s existing living arrangements, schedule, and any potential effects significant change to such arrangements will have on the child.
-The parents’ relationships with the child.
-The parents’ lifestyles including abhorrent and criminal behavior or allegations of such.
-The health of the parents (both physical and mental).
-The living situation of the parents and their ability to provide for the child.
-The parents’ attitudes towards the other parent’s rights to the child.
-What the child wants.
-The child’s age and gender.
If Blac Chyna decides to do another reality show and include her daughter with Rob, Grayson explains she may not need the approval of Rob, depending on their child custody agreement. “When it comes to minor children being involved in a reality series things get a little tricky because not only are we dealing with a family law issue related to legal custody, but we’re also dealing with issues related to the child’s right to privacy, use of their likeness, etc. But generally, absent extensive litigation on the issue, who gets to make that type of decision will depend on the legal custody structure of the family. Though physical custody orders lay out who the child will live with, Legal custody outlines which parent has the right to make decisions related to the education the health and the welfare of the child. This often includes decisions related to extracurricular and other activities the child is going to participate in. So, if one parent wants to involve the child in a reality series, the parent who has legal custody would most likely be the parent who gets to make that decision,” Grayson says.
Merissa Grayson and Demetria Graves are co-owners of the Elite Law firm a thriving legal firm that focuses on providing legal services for African American celebrities, athletes, and social influencers.