People broke the story that Kylie Jenner is having a baby with boyfriend Travis Scott. The baby is due in February and is rumored to be a girl. Sources say mom and dad are thrilled. But what paternal rights does Travis Scott have?
Unbroken Chords guessed that Kylie might be pregnant in May...
Paternity rights are automatic if the child is born within a marriage.
California law assumes that a man is the legal father of a child if he marries the mother within 300 days of the child's birth. A man is also recognized as the legal father of a child if he marries the mother later but has a written agreement to support the child.
Sometimes, the law gives paternity rights to a man that is not the child's biological father.
Let's pretend for a minute that Kylie and Tyga decide to get married before the baby is born. If this happened, Tyga would be the presumptive father of the baby, not Travis Scott.
Travis can do a few things to protect his rights, though.
Photo credit: Backgrid via TMZ
Travis needs to establish paternity to make sure his rights are protected.
California has a lot of things going for it. One of my favorite things is its court system website. It's super user-friendly, and there is a ton, ton, ton of information available on it.
Tangent aside. Travis could put a ring on it and tie the knot with Kylie before the baby is born. Or, the couple can sign a Voluntary Declaration of Paternity at the hospital when the baby is born. Travis's name will be put on the birth certificate if they sign this document.
The paternity declaration can be signed after the child's birth as well.
Once paternity is established it is nearly impossible to undo. If Kylie later told Travis that Tyga is actually the father, that information would not revoke Travis's parental obligations.
As the legal father, Travis can demand visitation and custody rights if the couple ever splits. He can also expect to pay child support (which is not tax deductible by the way) if the couple ever splits.
Starleigh Smith is a third-year law student at Washington and Lee University School of Law. She has a bachelor's degree in English from Florida State University (Go Noles!). When she is not busy with school, Starleigh spends her free time with her husband and three children hiking, watching movies, traveling, attending soccer games, and cooking (always cooking).