Actor Lorenzo Lamas is locked in a bitter custody battle with his ex-wife, Shauna Sand. Lorenzo Lamas – Shauna Sand is an Unfit Mother Who is All About Sex, by TMZ Staff, tmz.com, November 5, 2014. The parties have three daughters together, ages 16, 15, and 13. In his lawsuit, Lamas makes several claims about Sand’s parental unfitness: (1) Sand lets strange men live in the house she shares with her daughters, (2) Sand is financially irresponsible and recently spent $250,000 she earned for making a sex tape to buy a Bentley, (3) Sand has had sex on a beach in front of photographers. In addition, the parties’ three daughters all wrote letters to the judge, begging him to give custody to Lamas. A picture posted in the article cited above shows how uncomfortable the daughters seem to be with their mother’s antics.
If the evidence cited by Lamas is true, he likely has a strong case for a custody modification (assuming Sand has no evidence against him). When a judge looks to make a custody determination, his main concern is the best interests of the children. Certainly it is not in a child’s best interest to live with a parent who is constantly bringing strangers to stay at their home. In addition, the fact that the daughters have all submitted letters asking to live with their father is very telling. If this case were in Georgia, the 16 and 15 year olds would have the right to choose with which parent they want to live. O.C.G.A. §19-9-3(a)(5). Thus, the two older daughters would be able to move in with Lamas, so long as the move is not determined to be contrary to their best interest. For the 13 year old, the judge will have complete discretion in making the decision and the child’s desires will not be controlling. O.C.G.A. §19-9-3(a)(6). Yet the judge “shall consider the desires and educational needs of the child in determining which parent shall have custody.” Id. It is unlikely, however, that a judge would separate the children in a situation such as this. Thus, assuming all the evidence is true, if this case were in Georgia, Lamas would likely be successful in his custody modification action.