Inside Rob Kardashian and Blac Chyna’s Custody Agreement — and How It Could Change
Prior to his social media rampage against his ex-fiancée earlier this week, Rob Kardashian had been amicably co-parenting his daughter with Blac Chyna. But in the wake of Kardashian’s explosive onslaught of online posts against Chyna, who is caring for baby Dream?
Before Kardashian, 30, publicly attacked Chyna, 29, on Instagram and Twitter on Wednesday, the former couple established an unwritten agreement to split their time with their 34-week-old daughter equally every week, a source close to the situation tells PEOPLE.
Per the agreement, Kardashian is to have custody of Dream Sunday through Thursday and then she’s with Chyna Thursday through the following Sunday, but “Rob did not bring Dream home last night and he’s not bringing her today,” says the source.
“They have have two nannies, one works five days a week and one works two days a week. The five-day-a-week nanny does the pick up and drop offs,” explains the source. “The baby is supposed to be with Chyna per their agreement — which isn’t written, just what they’ve been doing for the last six or seven months — and she is not. Chyna is doing everything in her power to get her back.”
But on Friday afternoon, two days after Kardashian vowed in a now-deleted Instagram post that “[Chyna] will never see Dream again unless u stop the alcohol and drugs and cocaine and X and E,” she reunited with baby Dream and took to Snapchat to share some sweet photos and videos of herself with her daughter in what appeared to be a nail salon.
“She’s a great mom,” longtime pal and hairstylist Kellon Deryck tells PEOPLE of Chyna. “The time she spend with her children, she makes it count.”
Earlier on Friday, high-powered civil rights attorney Lisa Bloom announced that she is now legally representing Chyna and is seeking restraining orders against Kardashian on behalf of her client after the reality star repeatedly posted graphic and expletive-ridden content about Chyna, in which he accused her of drug use, alcohol abuse and infidelity, and shared three alleged nude photos of her.
“I represent Blac Chyna,” Bloom tweeted Friday. “I just gave Rob Kardashian notice that we’ll be in court Monday seeking restraining orders against him. More to come.”
Chyna’s rep and Bloom’s co-counsel Walter Mosley also told PEOPLE, “Lisa Bloom is the best in the business and has the right sensitivities and skill set to handle this delicate and complex matter. She’s a warrior for women’s rights and that’s the type of lawyer we need right now.”
Chyna’s restraining orders could also be filed on behalf of Dream, but because there is no written custody agreement there is a lot of grey area for the judge to consider in terms of Dreams future, says family law attorney Alyssa Eisner, Esq., Sager Gellerman Eisner LLP.
“Nobody has a superior right to this child because there’s nothing in official writing, so no one has been provided custody,” says the New York-based lawyer, who is not representing any of the parties potentially involved. “Their de facto arrangement is not law, so the courts would consider that but also look to see what has been the change in circumstance that now brings one of them to court. For example, these pornographic images or allegations of abuse or orders of protections.”
Kardashian and Chyna’s roller coaster relationship began in January 2016, when the two went public with their romance. They got engaged just months later, in April. In May, the two announced they were expecting their first child. They welcomed their daughter, Dream, last November, and by February, PEOPLE confirmed the two had called off their engagement.
Since Kardashian publicly put Chyna on blast Wednesday, his Instagram page was subsequently shut down and he has not responded to PEOPLE’s repeated requests for comment. Chyna initially responded to the messages in a Snapchat post, alleging that Kardashian hit her. The Snapchat was later taken down.
“He’s made a difficult situation even worse,” said the source, who noted that the family is focusing on Dream. “At this stage, the primary concern is protecting Dream from all this nastiness.”