Former “The View” hostess Sherri Shepherd and husband Lamar Sally, are in the process of a brutal divorce. Like most divorces, included in the squabble is child custody. Things get tricky for the former hostess, because the child is unborn and the mother to be doesn’t want anything to do with the child.

Ultimately, a judge will choose who will be responsible for the care and financing of the conceived child, which is being conceived with a surrogate. Shepherd has no intention of raising the child or paying one cent. The baby was created with Sally’s sperm and a donated egg. Because of this Shepherd is not biologically tied to the child, and believes Sally decided to divorce in hops of gaining hefty child-support.

Sally, who earns a $30,000 yearly income, filed for a divorce with “irreconcilable differences” in California. California recognizes agreements for surrogate births. Sully requested for full physical and legal custody, but wants visitation rights to Shepherd. He also requested the prenuptial agreement to be invalid due to “fraud”. Should Sally win, he could be granted spousal support from his wife who made $1 million dollars that year.

Shepherd also filed for divorce but in New Jersey where the couple lived together. She too cited “irreconcilable differences” as the cause for divorce. The legal system in Jersey does not recognize the validity of surrogate agreements. Shepherd also included the prenuptial agreement with her divorce. The agreement entitled Sally to a lump sum of $60,000 for divorcing before five years of marriage. The agreement also declares that if there is a child, Shepherd would receive full custody-contrary to her current desires.

Custody Law in Arizona

Divorce is tied to many laws when declaring who will receive custody of the children involved. When deciding who will be responsible for the child, courts adhere to Arizona law 25-328. The final decision is based on what will be in the best interest for the child. Joint legal custody, where parents split the duties and expense of raising a child, is the most common custody arrangement.