Kim Kardashian “could get full custody” of her and ex-Kanye West’s four children amid their ongoing divorce.
Legal experts have spoken to The Sun after the musical artist, 45, was absent for his November 16 deposition.
“Avoiding a deposition in litigation is taken seriously by the judge, especially when it comes to a repeat offense,” said Rachel Fiset, managing partner of Zweiback, Fiset & Zalduendo LLP.
Possibility: Kim Kardashian ‘could get full custody’ of her and ex-Kanye West’s four children amid ongoing divorce
West, who is legally going through Ye now, will have another chance to appear in court on November 29 before a two-day trial on December 14.
But if the disgraced designer doesn’t reappear, Kim, 42, could be set to get full custody of North, nine, Saint, six, Chicago, four and Psalm, three.
Family law attorney Lexie Rigden also applied her professional experience when she told the outlet: ‘If Kanye refuses to come to his deposition, the judge could sanction him financially, make him pay court fees attorney, and if it’s a sufficiently flagrant violation of discovery, the judge may be able to prohibit him from presenting a case at trial.
She warned: “For two very wealthy people who don’t need each other’s money, the custody issues will be the biggest.”
Legal woes: The 45-year-old musical artist was absent for his November 16 deposition
Rigden noted, “In most divorce cases, the parties are able to resolve at least some of the issues. But, given his behavior and apparent unreason, everything from custody to asset allocation is open to challenge.
Acknowledging the former couple’s extreme wealth, she said: “For two very wealthy people who don’t need each other’s money, the custody issues will be the biggest.”
The attorney referenced the Yeezy creator’s social media tirades, saying, “His derogatory posts about Kim and her family in the media, and his absurd proposals, including that the kids go to two different schools at once, go probably be used to show that he cannot reasonably co-parent and does not have the best interests of the children in mind.
Fiset clarified: ‘After Kanye skipped that deposition, they gave him another date to appear.
“If he doesn’t, he could face penalties at their next trial, such as a fine or monetary reward to Ms. Kardashian, and/or he could see the facts they were trying to uncover during the deposition turn into admissions against him.
“If he tries to avoid giving information that would harm his case by skipping a deposition, a judge could automatically determine that the misinformation is fact within the trial because he has not cooperated.”
What’s at stake: If Kanye doesn’t show up in court again, Kim could be on the verge of getting full custody of nine-year-old North, six-year-old Saint, four-year-old Chicago and three-year-old Psalm .
The lawyer continued: ‘In serious cases, it can be a contempt, which can be civil or criminal, depending on the decision of the judge.
“Overall, it may hurt his case. In the most serious case, the judge can rule against him and he could obtain less custody compensation and a less favorable monetary provision.
“But more likely, the judge will simply rule that the facts alleged by Kim Kardashian are true, and not give her a chance to defend herself.”
The former couple are looking to split their more than $2 billion in combined assets after seven years of marriage.
Happier times: Kim and Kanye married in 2014 and the reality TV star filed for divorce in 2021
Last month, The Blast reported that West’s attorney had filed a “disclosure statement,” a sign that the case is nearing completion.
According to the documents, Kanye handed over all his financial information to his ex-wife’s legal team and also reached an agreement with her on how to divide their finances and assets.
Kardashian is represented by divorced celebrity Laura Wasser while Ye is on her sixth attorney, Nicholas Salick.
“We’ve been ready for quite a while,” Wasser previously told judge Steve Cochran.
Brood: Kim adored her four children in an Instagram post shared earlier this year