Khloe Kardashian wouldn’t have to worry about not getting primary custody of her baby, True, if she decides to end her romance with Tristan Thompson. An attorney EXCLUSIVELY tells HL how things could go.
Khloe Kardashian, 34, will most likely be six-month-old daughter True‘s primary guardian if she decides to end her relationship with baby daddy Tristan Thompson, 27, according to one attorney who spoke EXCLUSIVELY with HollywoodLife. David T. Pisarra, California Family Law Attorney, broke down the details on what exactly we can expect if True’s parents split up and because of the current circumstances, the Keeping Up with the Kardashians star shouldn’t encounter any difficulties in getting custody of her baby.
“Khloe is an excellent mom by all accounts and would have no trouble getting primary physical custody,” Pisarra explained. Since primary physical custody is not sole physical custody, it means that Tristan would also get to spend time with True. He just wouldn’t get as much time with True as Khloe would since Khloe would make the decisions on who her daughter would live with, which would most likely be with her. Khloe’s odds at becoming primary caretaker of True are also increased if she is breastfeeding. “Khloe is likely going to get primary physical custody because at this point the baby is probably still breast-feeding, is still small enough, and needs an attentive caregiver,” Pisarra said.
“If Tristan is on the birth certificate, then he will have joint physical custody and joint legal custody, which means that their daughter can be with him and he has just as much right to be a parent,” Pisarra continued. “However, when this comes in front of a court, the judge is going to give Khloe pretty much whatever she wants, particularly given how young the baby is. Tristan is looking at having some sort of regular visitations, probably in four or five hour increments.”
Another factor in custody arrangements is whether or not the parents are or were married, and since Khloe and Tristan have never been married, he’d have to rely on whether or not his name is on True’s birth certificate. “Tristan will have no rights if he’s not on the birth certificate,” Pisarra admitted. “He would have to file a paternity case, get Khloe served, and then she has the opportunity to file a response. They can either agree that Tristan is the father and move forward with a visitation and custody schedule, and figure out child support, or not. If he’s not the dad he doesn’t get anything, but if he is the dad they can fight over weekends, vacations, holidays, and how much money his child support going to be.”
Since both Khloe and Tristan have been successful in their careers, Khloe with her reality show and clothing line and Tristan as an NBA basketball player with the Cleveland Cavaliers, it’s possible they make around the same in finances and that could help determine what Tristan’s child support costs would be. “If we guess they make the same and Tristan sees the baby 10% of the time, then his child support would be $78,166 monthly,” Pisarra said. “BUT they’re in the High Earner category so that means the court would probably deviate from that number and look at what is truly needed for the baby.”