Sherri Shepherd’s divorce from Lamar Sally is being complicated by the unborn baby which will be born via surrogate later this, month according to a news report on July 14 from the New York Post. Lamar is demanding full legal and physical custody of the soon-to-be-born child in addition to child support. He wants the court to invalidate the pre-nup he and Sherri signed when they married almost three years ago because under the terms, Sherri would get full custody of the new baby when it is born.
Sherri Shepherd does not want the unborn baby and wants the court to rule that she has no parental rights and responsibilities to the unborn child because she does not want to pay child support to Sally. . However, Sherri still wants the court to enforce the pre-nup because it would only entitle Lamar Sally to a lump sum payment of $60,000 if their marriage lasted less than five years.
According to a news report from The Telegraph on July 14, the issue of custody is further complicated by the fact that both Sherri and Lamar both signed a legal contract with the surrogate who will give birth to the baby on July 28, but Sherri has no biological link or genetic connection to the child. The baby, a boy, which Sally has already named Lamar Sally Jr. was conceived with Lamar’s Sperm, but not with Sherri’s egg. A donor egg had to be used.
Both Sherri and her estranged husband Lamar are seeking the dissolution of their marriage on the basis of “irreconcilable differences. But it’s no coincidence that Sherri and Lamar are filing for divorce in different states. Sherri filed in the state of New Jersey several days after Lamar filed for legal separation in the state of California, which will be converted to a petition for divorce once he fulfills the California residency requirements. State laws and court precedents vary widely when it comes to surrogate motherhood. New Jersey, where Sherri and Lamar lived, generally does recognize surrogacy agreements, whereas California does.
Sherri Shepherd is convinced that Lamar Sally deliberately tricked her into agreeing to a child via surrogate knowing full well that he intended to divorce her, demand custody, and hit her up for child support once the baby was born. It will be interesting to see how this all plays out in the courts and who will end up with little Lamar Sally Jr. after he's born.