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The Daily Dish Relationships

There's an Interesting Fact People Are Leaving Out About Khloe Kardashian's Custody Battle

Or potential future battle, that is.

By Marianne Garvey

Khloe Kardashian has had just about enough of Cleveland — and Tristan Thompson.

The Keeping Up With the Kardashians star didn’t move again this year to Ohio while Tristan plays with the Cavaliers (not like she was ever really in love with the place anyway). While some reports have her gearing up for a major custody battle with Tristan, who will want joint custody, there’s one thing Khloe has going for her. She’s already got custody.

Say, what? 

Yes, you read that right. She’s already got sole custody of their baby daughter, True Thompson.

Since she gave birth to True on April 12 in Cleveland, Ohio, according to Ohio’s child custody laws, she currently has sole legal and residential custody of her daughter upon birth. That’s because according to Ohio law, if the parents are unmarried when the child is born, the mother has sole custody.

Tristan must file with the court to establish paternity, custody/shared-parenting, and/or visitation rights, which would also make him an equal legal guardian. It's unclear if he ever filed to be a legal guardian to obtain equal rights.

That said, it’s likely she will give him some sort of parental rights because she can’t legally force him to financially provide for True since he has no legal rights. (Not like she's hurting for money, and there's no doubt she can be an awesome single mom.)

The law states:

"Under Ohio law, when it comes to child custody rights, an unmarried mother who gives birth to a child is automatically the sole residential parent and legal custodian of the child until a court makes a formal Court Order stating something else. This means that the unmarried mother does not need to file anything with anyone to legally establish the fact that she has sole custody of the child.  This also means  that until a Court legally “recognizes” the unmarried father as the child’s father, the father has no legally enforceable rights regarding the child, including but not limited to Parenting Time (Visitation). However, without obtaining some type of child support Order, whether it comes from the Child Support Enforcement Agency, or from a Court, the unmarried mother will not be able to force the father to provide her any type of support whatsoever."

In other words, this can get ugly.

Credit:  Khloe Kardashian/Instagram

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