Rob Kardashian and Blac Chyna: A Case Study of the Rights and Responsibilities of Unmarried Parents

It has become nearly impossible to exist in American society without seeing constant updates from the Kardashian-Jenner family, from Bruce Jenner’s transgender journey, Kim’s pregnancy struggles and search for a surrogate, and Kylie’s unexpected pregnancy to Rob’s baby-momma-drama with Blac Chyna.

Rob Kardashian and Blac Chyna have had a rocky on-again-off-again relationship that has included an engagement and several break-ups before the birth of their baby, Dream Kardashian.

Following the couple’s most-recent break up, Rob posted graphic and revealing photos of Blac Chyna from her time working as a stripper online, as well as making several derogatory posts about Blac Chyna. Following the “revenge porn” posts, Blac Chyna was granted a restraining order against Rob. Despite their personal problems, Blac Chyna has stated that she is willing to co-parent with Rob, and that she is not seeking child support from him.

If the couple were in Illinois, a court writing a parenting plan and allocation judgment would likely find as follows:

Parenting Time

Blac Chyna would likely have been granted an order of protection, rather than a restraining order, keeping Rob away from her as well as prohibiting him from posting online pictures, comments etc.. about her. Since Blac Chyna did not include baby Dream in the petition asking for the restraining order, Rob would likely be granted parenting time.

Currently, the couple has two nannies employed to constantly accompany the child, and the nannies are tasked with exchanging the child. An Illinois court may allow this arrangement to continue, but would set up exchange times and locations, as well as determine which parent had to pay for the nannies’ transportation costs. If the nannies were not willing to be formally given the responsibility of exchanging the child on such specific terms, the court may instead require both parents to meet in person to exchange the child, providing a neutral and safe location, such as the parking lot of a police station between their two homes, where the child should be exchanged.

The court may also order that the parties communicate only regarding the child, such as information about doctor’s appointments, medications, and emergencies regarding the child, would eventually necessitate some contact between the parties. To facilitate this arrangement as well as ensure that no harassment would occur, the court may order the parties to set up free Talking Parents accounts to record all text messages between the parties and allow the judge to log in and review all messages exchanged between the parties, should it be necessary.

The parties are rumored to already have an unwritten parenting time arrangement in which Rob has parenting time on alternating weeks, including some overnights. The court would likely allow this to continue since the parties are in agreement; however, the arrangement would need to be entered in a court order. The court would also set vacation parenting time between the parties to provide the ability to travel with the child when the child is in school and has summer, spring, and winter breaks. Finally, the court would set holiday parenting time for occasions such as religious and government holidays as well as special occasions such as the parties’ birthdays and the child’s birthday.

Currently, Rob’s parenting time is always accompanied and supervised by a nanny, but the court would not likely order that the nanny must be present during the parenting time, as the child is not included in the current restraining order. Additionally, the court could not order both supervised parenting time and overnight parenting time, as the court would not be able to mandate that the supervisor be present all night.

Decision-making Power

Since Blac Chyna admits that Rob is a great father, Rob has such substantial parenting time, and the child is not named in the restraining order, the court would likely grant Rob equal decision-making power with regard to the child’s religion, education, extracurricular activities, and any medical decisions. The parties would need to confer on these issues through Talking Parents.

If the parties could not come to an agreement regarding any decision for the child, then they would likely have to participate in mediation, either through private services, or through a court-provided service. Alternately, the judge may order that one party, likely Blac Chyna due to her having majority parenting time, have final decision-making power in the event of a disagreement.

Child Support

Although Blac Chyna has stated that she is not seeking child support, the court would likely set a child support obligation. A parent cannot waive child support, as child support is a parent’s duty to the child, and not to the other parent. Currently, Illinois law takes both parents’ incomes into consideration for child support purposes. This is called the income-shares model, and was enacted to reflect the fact that both parents have a duty to support the child. Since Rob and Blac Chyna both have substantial incomes, Rob’s child support obligation may be less than what it would be if Blac Chyna had substantially less income than Rob. Illinois law also provides a discount in child support when the parent who exercises a minority of the parenting time a certain number of overnights per year. Since Rob is currently exercising substantial parenting time on an alternating weekly basis, and would likely also be granted additional time for holidays and school breaks, he would likely qualify for the discount in child support and would have only a minimal child support obligation.

Property Distribution

Since the parties were never married, neither party would be entitled to any of the other’s assets, including homes, businesses or other property, except as they could be counted towards the parties’ incomes for child support calculations. Additionally, Rob may be able to sue Blac Chyna in small claims court for the return of the engagement ring, since the engagement ring is a gift in contemplation of a marriage that never took place.

Similarly, neither party would be able to request maintenance (also known as “alimony” or “spousal support”), due to never having been married.

 

For more information regarding child support, contribution to out of pocket expenses, custody and parenting schedules call Kiswani Law, P.C. for your consultation.