If you keep up with the Kardashian family (i.e. watch Keeping Up with the Kardashians and any other spin-off show they have) and follow along with good ol’ so-called “reality” television, then you might have heard about Rob Kardashian and Blac Chyna calling off their wedding plans. You may also remember that the former couple welcomed a daughter, Dream Renee, last November, and both are likely gearing up for a potential child custody dispute because of the recent break-up. According to several media outlets, Rob wants “dual custody” or in legal terms, joint physical custody of their daughter. In contrast, Blac Chyna wants “full custody” of their daughter and to only allow Rob with visitation. This means that Chyna wants to have primary physical custody and only to allot Rob with visits with the child. A standard visitation schedule would be alternating weekends and one mid-week visit. However, because Dream is only about 4 months old, this type of visitation schedule is not standard for an infant. Indeed, depending whether or not Dream is exclusively breastfeeding, Rob will have a hard time getting a large amount of visitation, let alone joint physical custody.
Courts regularly look to the best interest of the child when deciding who to award custody to. If one parent wants primary physical custody of the child, its important that the custodial parent give the non-custodial parent frequent and continuing contact with the child. It is important for the child to see both parents as often as possible. This is very favorable to the courts. You do not want to be in the position where you block custodial visits or interfere with visits with the other parent. The courts frown upon these types of bad faith tactics.
Another contentious issue that may arise in the Rob and Chyna split is California child support. Since Rob and Chyna never married, their case would be considered a paternity matter. In order to determine a child support amount that the recipient would pay the payee, a few factors need to be considered. For instance, timeshare the non-custodial parent has withe child is a factor. Timeshare is the percentage each parent has custody of the child. Other factors include income, tax exemptions, itemized deductions such as mortgage interest and property tax, health insurance deductions, hardship deductions, among other issues. A hardship deduction would come into play in this scenario because Chyna has another child from her previous relationship with Tyga. Unless both of the parents waive receipt of child support, both Rob and Chyna would have to complete an Income and Expense Declaration (Form Fl-150) and file it with the court. A State approved computer program called the Dissomaster or X-Spous (as its used in Orange County, California) is utilized to calculate child support.
Since this matter is paternity and not divorce, there would not be any issues relating to dividing any personal property or real estate. Division of property is often found in dissolution of marriage cases.