The Buckingham

Photo Credit: www.usmagazine.com

Kris Humphries, estranged husband of Kim Kardashian, will be presumed dad of her child under California law.

Kardashian and her boyfriend Kanye West recently announced that they were expecting their first child together.

However, under California’s Family Code law, Humprhies is presumed to be the father of her baby because the two are still legally married.  Kardashian filed for divorce in October 2011 after only 72 days of marriage.

Under the law, a mean is presumed to be the natural father of a child if he is or has been married to the mother.  Also, he is deemed the father if the baby is born during the marriage or within 300 days after death, annulment, declaration of invalidity, divorce or after a judgement separation is entered by the court.