Sherri Shepherd is having one heck of a year. Recently fired from her co-host position on The View and in the midst of a divorce and two child custody battles, she can sure use some good news. Luckily for her, that is exactly what she got this past Monday as a judge in California ruled in her favor when it came to custody of her 9 year old son, Jeffrey.
Jeffrey Tarpley, Shepherd's ex-husband and father of her first born child, had previously petitioned California court to grant him temporary physical custody. In his April 2nd petition, Tarpley claimed that his ex-wife was working "non-stop", which was causing her to neglect their son. According to Tarpley, Shepherd's "bad parenting choices and refusal to provide for our child's immediate needs" was a cause for alarm. However, a judge did not agree with him and ruled that Shepherd was not putting her career before their son's well-being. According to an article posted on the Huffington Post, the judge's ruling stated that "there has not been a material change in circumstances" surrounding Jeffrey's care, therefore, a change in primary or custodial custody was not warranted.
With one battle won, Shepherd still faces a potentially messy divorce battle with her estranged husband Lamar Sally, which includes an issue of custody for their unborn child. According to the couple's prenuptial agreement, Shepherd is supposed to be awarded full custody of the infant, who is due via surrogate next month. In his divorce filing, Sally petitioned for full legal and physical custody of the child, while also requesting that the pair's prenuptial agreement is deemed invalid due to fraud. As it stands, Sally is only due to receive a lump sum of $60,000.00 in the event of a divorce, but if the prenuptial agreement is found to be invalid, he would be able to petition the courts for a larger amount of money in spousal support.
It is not common that a court will rule to change which parent has primary custody of a child, unless there has been a drastic change in circumstance. For instance, if the custodial parent accepts a new and incredibly demanding job position that would limit the quality of care their child would receive, a judge may decide that the other parent should have primary custody. Alternatively, a negative change in the child's home, environment or lifestyle could very well prompt a judge to modify an existing order of custody.
Post-judgment modifications are not easy, and should not be attempted without retaining legal counsel. At the law firm of Brian D. Perskin & Associates, P.C. we focus our attention solely on matrimonial and family law matters, including post-judgment modifications. Since we narrow what kind of law our firm practices, we have developed an expertise in divorce and child custody matters. If you believe your child's best interest is in jeopardy and you are interested in petitioning a judge for a custody modification, please contact us at (646) 760-1719 or (718) 875-7584 to schedule a complimentary consultation today!