Family law in Texas has a no-fault clause that allows for divorce. However if one of those requesting a divorce claims the other spouse is at fault for breaking up the marriage, there may be fault assigned. The court will also perform the necessary investigation in order to be sure that any child involved is well-placed and taken care of.
In the case of Sherri Shepherd, who was a host on the television show "The View," and her soon-to-be ex-husband Lamar Sally, there is much contention regarding the custody and child support that must be resolved.
The two decided to have a surrogate use Lamar's sperm and the surrogate's eggs to conceive a child for them in happier times. Lamar decided to end the marriage while the surrogate mother was pregnant and Ms. Shepherd responded that the child was not hers and that she would not be paying any support toward the upbringing of this child.
Sally is said to be thrilled that the baby is healthy and that he loves being a father. The baby has been named after Lamar and will be called by the nickname "L.J." Sally allegedly wants the family together again but knows that cannot happen.
Shepherd did not attend the birth Tuesday, Aug. 5, and is requesting that the court dismiss the surrogacy agreement because she believes that Sally defrauded her. She says he never intended to stay married to her after the baby was born. She feels duped into this and doesn't want to pay any support.
The court heard arguments on the divorce Wednesday, Aug. 12, but did not give a decision to dismiss the surrogacy at that time. The judge said that he needs to examine additional findings from a court case in Pennsylvania. The next hearing in this family law case will occur on October 29.
Lamar is raising the child alone and wants Ms. Shepherd to help finance the needs of the baby.
If you face a matter of family law that includes custody issues or child support, you may need someone in your corner who knows the laws surrounding the rights and responsibilities of these issues in Texas.
Source: New York Daily News, "Sherri Shepherd's husband Lamar Sally is 'loving everything about being a dad' amid surrogacy contract conflict" Nancy Dillon, Aug. 08, 2014