Is Kris Humphries ‘legally’ the father of Kim K’s baby, according to California law?

There was some bru-ha-ha this week about the “legal” paternity of Kim Kardashian’s baby when TMZ noted that California law presumed a woman’s husband to be the father of her child. They went on to add that Kim and Kanye would have to provide “clear and convincing evidence” if Kris were to challenge them on that.

This is all ridiculous because it’s obvious that Kris Humphries is not the father of Kim’s baby and simple paternity test could prove that, but it turns out that TMZ’s interpretation of California law was a bit off as well. In California, presumption of fatherhood for a husband also requires cohabitation, something that definitely isn’t going on (and appeared to not be going on too well while they WERE together.)

A California family law attorney told The HuffPo:

“California law is clear that when a child is born to a married couple the presumption of fatherhood is in favor of the husband, but that assumes they are living together, cohabitating in legal terms. Since Kim and Kris are separated the presumption of Kris as the father would not apply. I imagine that when baby Kimye is born, Kim will name Kanye as the father and he will sign a Declaration of Paternity just like thousands of other unmarried couples do to protect the rights of the baby to have both loving parents in his/her life forever.”

Whew, now we can all sleep tonight and enjoy our weekends knowing that Kris Humphries isn’t “legall” Kim Kardashian’s baby’s daddy.