Skip to main content

See also:

Sherri Shepherd's estranged husband says, 'I am on baby watch'

Sherri Shepherd, co-host of "The View," and her estranged husband are expecting a baby by a surrogate any day now. According to People magazine on Wednesday, Lamar Sally said, "I am on baby watch." Because the couple filed for divorce after the surrogacy began, the baby's custody has yet to be determined by a judge.

Lamar Sally and Sherri Shepherd in custody battle for unborn baby
Photo by Andy Kropa/Getty Images

Sally and Shepherd had been married nearly three years when on May 2 Sally filed for legal separation from his wife and requested full legal and physical custody of their unborn son, according to Los Angeles Superior Court documents.

Even though the baby boy who will be named Lamar Sally, Jr. is due any day now, no settlement has been reached by Shepherd, 47, and Sally, 43. According to court documents, Sally made several requests. He wants full custody of the baby with Shepherd having only reasonable visitation rights. He also asked for an order preventing her from interfering with the baby being given to him after the birth. He asked for spousal support and for Shepherd to pay his attorney fees. Additionally, he requested that their pre-nup be invalidated based on fraud.

The Christian Post on Wednesday reports that the couple's separation has complicated matters and ultimately sparked a legal custody battle. Shepherd reportedly wants nothing to do with the unborn baby because she believes it was conceived under fraudulent conditions. The comedian thinks Sally defrauded her into signing the surrogate contract because he wanted child support even though he allegedly had planned to divorce her all along. It is also reported that Sally is in the process of drafting legal documents to prevent Shepherd from backing out of their agreement.

This is a complicated case because Sally's sperm was used, but Shepherd's egg was not used in the conception. Besides, Shepherd filed for divorce from Sally in the state of New Jersey where courts generally don't recognize surrogate agreements. Sally filed for divorce in California, where courts are said to be more open to surrogate agreements.

TMZ reported that Shepherd does not want to have any parental rights to the baby. She wants the contract voided on grounds of fraud so she can wash her hands of any parental obligations. Sally says he'll fight to put Shepherd's name on the birth certificate.

How this custody battle will be settled is left up to the judge. Shepherd doesn't know how it will turn out and neither does Sally.