As many Arizonans know, divorce can be a legally difficult, emotionally tough thing to do. Sadness, anger and frustration can all arise while a party tries to settle issues related to asset division and alimony. Perhaps one of the most contentious issues in the divorce process is child custody. While divorcing Arizona couples may struggle to find an agreement over joint or sole custody and visitation rights with a child, a new kind of child custody battle has recently arisen in the public eye.
Sherri Shepherd, co-host of television's "The View," recently split with her husband, Lamar Sally. Though the story of another celebrity divorce may not be ground-breaking, the fact that the couple may be fighting for custody of an unborn child delivered via surrogate could be. The boy, expected to be born in July, would be Shepherd's second son. However, Sally is seeking sole custody of the child, remitting Shepherd to minimal visitation rights. He also wants a court order that would prevent Shepherd from interfering with the process of Sally receiving the child after birth.
Issues like this can be very complicated. While some child custody cases take a child's living preference into consideration, or the recommendation of a guardian ad litem, it may be difficult or impossible to do so in a case where a child is unborn. Yet, there are other factors a court can take into consideration when making a final determination. Amongst these considerations may be each parent's income, history of substance abuse, and history of violence, amongst others. In the end, a court will base its decision based on what it believes will be in the best interests of the child.
Divorce can be a complicated process, especially when children are involved. Those who are struggling to reach an agreement with their spouse of legal issues, including child custody, should think about obtaining the help of a Tucson legal professional, who will fight for what is right and fair for the parent and his or her child.
Source: People, "Sherri Shepherd's Husband Files for Separation, Seeks Custody of Their Unborn Child," K.C. Blumm, May 9, 2014