If you follow entertainment news, you have likely heard that The View host, Sherri Shepherd, is headed for divorce. Shepherd's husband, Lamar Sally, recently filed for legal separation citing irreconcilable differences. Sherri Shepherd and Husband Lamar Sally Getting Divorced, Sally Wants Custody of Baby on the Way, by Natalie Finn, May 9, 2014, eonline.com. Interestingly, Sally has also filed for primary legal and physical custody of their unborn child, due to be born via surrogate in July. It is likely that the former couple has some sort of contract with the surrogate wherein she acknowledges that the baby is theirs and she will relinquish all custody claims upon the birth. But a custody battle between biological parents over an unborn child could get tricky.
If the case were in Georgia, assuming Shepherd and Sally were both presumed to be the biological parents, the court would award custody based upon the best interest of the child at issue. (This determination would not be able to be made until after the child was born.) The court would look at every relevant fact about each parent's lives in making this determination. This could include employment, income, living arrangements, and the ability to foster a relationship with the other parent. Shepherd is already a mother to a 9 year old boy and the court would likely take her relationship with this child, as well as this child's potential relationship with his new sibling, into consideration. Recent entertainment news appears to indicate that Shepherd may be getting into a custody battle over this child as well. This court case will certainly be fair game in her custody battle with Sally, as it will speak to her suitability to be a custodial parent. The court can consider any relevant factor, and it will be interesting to see how this custody case turns out.