There are cases in Sarasota, and elsewhere, in which a couple that is expecting a child decides to divorce. While this can complicate an issue that is often already difficult, child custody must be determined for the unborn child based on what is in the best interests of the child, just as it is in cases involving infants and older children.

Included in “The View” co-host, Sherri Shepherd’s recent divorce filing was a request that the court uphold her prenuptial agreement with regards to the custody of her and her estranged husband, Lamar Sally’s unborn child. A surrogate is carrying the child, who is due in July. According to reports, the terms of the couple’s agreement grants full custody to Shepherd in the event of a divorce. It was not reported whether the document allows Sally visitation rights for the baby.

While he signed the agreement prior to their nuptials, Sally has reportedly also asked to be granted primary custody for the baby. He is purportedly seeking to have the prenuptial agreement voided because, he claims, it is based on fraud. It remains unknown to the public at this time what type of fraud Sally alleges occurred.

Whether you are involved in a child custody dispute over an unborn child or an older child, it may be helpful to discuss your situation with a family law attorney. A lawyer can help you to understand your rights and options, as well as advise you as to the best course of action based on your situation.

Source: Huffington Post, “Sherri Shepherd Fights For Full Custody Of Unborn Child After Filing For Divorce,” May 16, 2014