Before you all become obsessed with catching up on the latest Coachella gossip (from Brooklyn Beckham’s latest girl to The Weeknd’s rumoured kiss with Bella Hadid), we’d like to remind you that Khloé Kardashian officially gave birth to a baby girl on Thursday 12 April.
And while there is a plethora of unanswered questions about Khloé and her boyfriend Tristan Thompson’s relationship at this time, following his rumoured cheating, we’re taking a look into the legal ramifications of the couple’s latest infidelity drama.
Though it’s rumoured that Tristan was in the delivery room when Khloé gave birth in Cleveland, Ohio and that the new mum has already forgiven the NBA star, we can’t help but question who will get custody of their newborn, should they decide to call time on their relationship.
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Well, according to Ohio’s child custody rights, Khloé currently has sole custody of her daughter.
Katie Arthurs, Principal Attorney at McCarthy, Lebit, Crystal & Liffman, a law firm in Cleveland, explained to HollywoodLife: ‘If a child is born to unmarried parents, then under Ohio law, the mother has sole custody. It is then up to the father to file with the court to establish paternity, custody/shared-parenting, and/or visitation rights.’
Ohio state law states:
‘An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.’
While Ohio law recognises the 27-year-old sportsman as an ‘equal’ parent, the basketball player will have to file with the court in order to obtain visitation and parenting rights for his child.
‘A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation,’ according to the codes.
However, Khloé’s custody rights might change if she decides to permanently move back to California, Los Angeles.
Why? Because L.A has its own jurisdiction when it comes to custodial rights.
Arthurs added: ‘A court’s jurisdiction depends on what state is the child’s “home state”. If a child is born in Ohio, and continues to reside in Ohio, then the father may petition for custody and visitation rights in Ohio.
‘However, if the child moves to another state, and resides in that state for at least six months, then that other state may have jurisdiction over custody.’
While it’s a little early to discuss custody rights given the fact the public is still in the dark as to Khloé and Tristan’s current relationship status, we hope that the pair can come to an agreement regarding their co-parenting that focusses on the wellbeing of their child.
Katie O'Malley is the Site Director on ELLE UK. On a daily basis you’ll find Katie managing all digital workflow, editing site, video and newsletter content, liaising with commercial and sales teams on new partnerships and deals (eg Nike, Tiffany & Co., Cartier etc), implementing new digital strategies and compiling in-depth data traffic, SEO and ecomm reports. In addition to appearing on the radio and on TV, as well as interviewing everyone from Oprah Winfrey to Rishi Sunak PM, Katie enjoys writing about lifestyle, culture, wellness, fitness, fashion, and more.
