According to reports on the separation and divorce documents filed by both parties, Shepherd’s husband has filed for primary custody of the fetus currently being carried for the former couple by a surrogate mother. And it has not gone unnoticed that if Sally were to be awarded custody, he would benefit by receiving child support from Shepherd.
It’s noteworthy because documents indicate that the two have a prenuptial agreement that would otherwise leave Sally with very little of the comedian’s fortune because their marriage is dissolving in less than five years.
It appears that Shepherd’s former husband Jeff Tarpley is now exposing the daytime chatter box’s mothering skills. According to court documents filed last month in Los Angeles, Tarpley is seeking full custody of the couple’s nine-year-old son Jeffrey jr. Having been divorced since 2011, Jeff Tarpley claims in court documents that due to Shepherd’s busy schedule as a television host and touring stand-up comedienne, little Jeffrey, who has special needs, has been suffering from neglect, is falling behind in school, suffers poor hygiene, and is reading below grade level.
TMZ incorrectly reported that the couples pre-nuptial agreement awards Shepherd full custody of the unborn child. However, that cannot be. It is the court that determines custody if the parents cannot agree, and here, they cannot. The court has the final say in calculating child support. The court determines child support based on a “best interest of the child” standard, with several factors at play. A court would never uphold a provision of a prenuptial agreement that dealt with child support, child custody, or visitation, because these are issues of public policy. The court retains the power to decide what is in the child’s best interest and will not deny a child the right to financial support or the opportunity to have a relationship with a fit parent.