Because Kardashian had the baby girl, who has yet to be named, in Cleveland, Ohio's official legal codes are used to determine custody rights — and apparently because the two aren't married, Kardashian gets full custody of their little girl.
According to Ohio state law, "An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian."
"If a child is born to unmarried parents, then under Ohio law, the mother has sole custody. It is then up to the father to file with the court to establish paternity, custody/shared-parenting, and/or visitation rights," said Katie Arthurts, Principal Attorney at McCarthy, Lebit, Crystal & Liffman.
Though Ohio law recognizes Thompson as an "equal" parent, he will have to file with the court in order to obtain visitation and parenting rights.
Should Kardashian decide to move permanently back to Los Angeles once things settle down — as has been reported in the wake of the Thompson cheating allegations — L.A. would have its own jurisdiction with differing codes.
"A court's jurisdiction depends on what state is the child's 'home state,'" Arthurs said. "If a child is born in Ohio, and continues to reside in Ohio, then the father may petition for custody and visitation rights in Ohio. However, if the child moves to another state, and resides in that state for at least six months, then that other state may have jurisdiction over custody."
As previously reported, Kardashian gave birth to her and Thompson's baby girl in a hospital outside Cleveland early Thursday morning, not even 48 hours after photos and videos were published showing Thompson appearing to cheat on Kardashian at various times throughout her pregnancy.
Although Kardashian is reportedly "devastated" by the allegations, she has reportedly already forgiven Thompson for his alleged transgressions.
"She's so incredibly happy that her baby is here, that she is big and strong and healthy and beautiful, and so right now Khloé truly has no other cares in the world. She isn't even mad at Tristan right now," a source told PEOPLE.
"She's basically already forgiven him," the source continued. "She is in a bubble of love and peace and happiness right now, and everything that happened with Tristan is less about 'cheating' and more like, it was just a random drunken hookup that meant nothing and was kissing at most and didn't lead to anything else and was the fault of stupid groupies trying to trap him, and everybody just needs to move on."