OK! has learned that the duo's prenup agreement contains nothing in regards to a custody arrangement for their children, North, 7, Saint, 5, Chicago, 2, and Psalm, 19 months, in case of a divorce, which is consistent with California law. Meaning that if Kardashian wants full custody of her kids, she is going to have to fight for it.
“Most divorces start with parents getting 50/50 custody. But if Kim or Kanye want to spend more time with their kids, they will need to prove that it would be detrimental for the children to spend time with the other parent,” a source exclusively dishes to OK!, noting that “if Kim wants full custody of the kids, she will need to fight and reveal everything about life behind closed doors with Kanye.
“Kim doesn’t have to prove she is a great mom,” the source continued; her battle now will be “to prove Kanye is a bad dad.”
West, who has been residing at his ranch in Wyoming since news of their bombshell split broke, would need permission from his estranged ex for his kids to be allowed to come and visit him, says the source: “Neither Kim nor Kanye will be able to take the children out of the state of California without the other parent’s consent. This is going to get tricky as they both live in separate states.”
OK! previously reported that West has been in constant contact with his children via FaceTime while him and Kardashian settle their differences. “Kanye lives full-time at his ranch in Wyoming and has no plans to return to Los Angeles, where his wife and children call home,” a source previously dished, noting that the KUWTK star doesn’t plan to change her living arrangements either.
While the KKW Beauty founder and West’s messy divorce has been making headlines for weeks, OK! learned that their kids are in the dark about their pending divorce. "The kids don't know anything about the problems their parents are having," explained a separate source.
Although Kardashian has reportedly hired famous divorce attorney Laura Wasser to handle her billion-dollar split from the “Gold Digger'' rapper, the mother-of-four's main concern is how the kids will handle the breakup. "The children are very important to Kim," an insider said. "She is worried about what a permanent split will be like for all of them concerning their well-being.”
"They are just not on the same page when it comes to their future as a family," the source added of the couple.