Cardi B filed for divorce from her husband of nearly three years, Migos rapper, Offset on Tuesday, Sept. 15. In her initial paperwork she asked for primary physical custody, as well as legal custody of the couple’s 2-year-old daughter, Kulture Kiari Cephus. But on Wednesday, Sept. 16, she amended her divorce petition to request joint custody. Georgia family lawyer Rachel Platt explained the difference between the two requests in an EXCLUSIVE interview with HollywoodLife.
Although it sounds extreme, Cardi’s initial request for primary physical and legal custody would not have totally cut Offset out of Kulture’s life. “Primary physical custody of her daughter means that her daughter would live primarily with her,” said Platt. “However, Offset would still get parenting time and be able to spend time with his daughter.”
But, now that the Grammy-winner, 27, has changed the request to “joint custody” Offset will have equal time with Kulture. “A joint physical custody arrangement would be the parties sharing equal parenting time with the child,” explained the founding partner of Platt Family Law, “by either splitting time the week or alternating weeks spent with the child.”
“Parties in Georgia typically share joint legal custody,” she continued. “where both parties have access to information about the child and are required to consult with each other and attempt to reach an agreement regarding the upbringing of their children. There are four major decision making areas: Education, non-emergency medical, extracurricular activities and religion. Georgia requires that a tiebreaker be designated for each area, but the parents can choose who has what area and can put any agreements regarding the upbringing of their children into their parenting plans.”
Cardi has made it clear in her filing that she wants the divorce to be as peaceful as possible. Her divorce documents even state that Cardi “reiterates her desire for an amicable resolution of this case.” And when it comes to the custody of Kulture, in her documents she asks the Court to “honor and enforce any custodial arrangement agreed to by the parties and that such arrangement should be whatever is in the child’s best interests.”
Fortunately, according to Platt, the Georgia courts have the same goal when it comes to deciding on custody arrangements. “Custody is determined based on the best interests of the children. The court will also look at what is in the best interests of the child when determining what parenting time arrangement would be best for the child taking into account where each parent lives, the age of the child, and the parent’s ability to keep the child safe and provide a loving environment for her.”
If Cardi did want to get primary custody of Kulture she’d just have to prove to the court that she’s been the primary caregiver all along. “If Cardi B can demonstrate that she has been the primary caregiver for the parties’ daughter up to now and that she is the parent that can better provide for her daughter’s needs, then the Court would likely grant her primary physical custody,” explained Platt.
“The Court will compare Cardi B to Offset and look at which parent is better suited to be the primary physical custodian of the child,” she continued. “Cardi B will need to prove that she is better suited than Offset to provide for her daughter’s day to day to needs and that she is the parent that can provide their daughter with more stability. If she can do that, then she will likely be granted primary physical custody.”
Offset is very lucky that Cardi B changed her filing because, according to Platt, if she had been granted primary custody, not only would he have less time with Kulture, he’s also have to pay child support, in spite of the “WAP” rapper’s massive earnings. “[If she was awarded primary custody] she would likely get child support from Offset. Child Support is owed by the parents to and for the support of their children. It is the duty of both parents to support their children, and thus, both parties need to contribute to the upbringing of their children, even if one parent is capable of supporting the child on his/her own.”