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Sherri Shepherd

Sorry Chump

I'm Keeping Our Unborn Kid

5/15/2014 12:40 AM PDT BY TMZ STAFF
EXCLUSIVE

0514_sherri_shepherd_lamar_tmz
THE BATTLE IS ON -- Sherri Shepherd will FIGHT her estranged husband tooth and nail to get CUSTODY of their unborn child ... this according to prenup docs obtained by TMZ.

Sherri filed divorce docs earlier this month, days after hubby Lamar Sally filed his own docs for legal separation where he asked for full custody of their unborn child, who is being carried to term via surrogate.  The baby is due in July.

Sherri strangely doesn't even mention custody in her divorce docs, but DOES ask to enforce their prenup ... and now we know the prenup is Sherri's secret custody weapon.

Under the prenup, Lamar agrees that the new kid will live with Sherri and her son Jeffrey from a previous relationship.  So the prenup gives Sherri full physical custody of the new baby.

In Lamar's legal docs, he's asking the judge to throw out the prenup on grounds of fraud.  If he gets the prenup invalidated, that clears the way for his demand for full custody.  But proving fraud is hard.

By the way ... there's another reason Lamar wants to invalidate the prenup.  It only gives him one lump sum payment of $60K.   According to the prenup docs, Sherri raked in $1 million in 2010 (and we know she got raises since then).   By contrast, Lamar made $30K in 2010, and $9,000 was from unemployment.  So if the prenup goes out the window, Lamar could score big in spousal support.

97 COMMENTS

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31.

Sloane    

perhaps the prenup states Sherri gets custody when/ if they have a child together, but doesn't mention using a surrogate, and that may be what her husband's lawyer is interpreting as fraud, and a possible loophole for custody??
just guessing...

159 days ago
32.

Jan    

I do not think a judge in CA is going to agree to give a child to a man on unemployment.

159 days ago
33.

CremeBrulee    

If I were the kid I'd stay in utero forever.

159 days ago
34.

mln63    

Maybe next time she won't be a bridezilla and flaunt her life on tv. It all comes back to bite you in the ass!!

159 days ago
35.

getreal    

Just another gay guy who married a woman to get money and the baby then after divorces her takes all her **** and takes the baby to live with him and his boyfriend...its a trend I see

159 days ago
36.

Bloorain82    

My goodness, he made a whopping $30,000 in 2010, and $10,000 was from unemployment. Dudes a loser. I thought he was a lucrative film producer or s'thing.

159 days ago
37.

Not So Mad Hatter    

TMZ needs to track down Lamar's email address. Apparently he's not very good at earning a living and according to all the comments that populate the TMZ comments sections, there are hundreds of ways he can "Start Making Cash Now!" and earn hundreds of dollars an hour on the internet.

159 days ago
38.

cmg    

She probably got tired of him being a moooch and cut off the allowance. She probably told him to find work and he didn't like it. Hanging out playing video games with hnis friends and sleeping in everyday. My husband has a couple friends that do that with their wives. They haven't worked in years just keep moooooching and hanging out.

159 days ago
39.

Bean Reel    

If these 2 clowns put as much effort into their marriage as they have their divorce/custody fight, there would be no fight.

That being said, Sally deserves hazzard pay for putting up with that Holstein for so long.

159 days ago
40.

ladyvil    

Sherry you're such a phoney you are so deserving of the bed you've made!!

159 days ago
41.

boo boo    

$30,000 is enough for a single man to live on and pay child support. Our family of 4 lives on less....and we both work!

159 days ago
42.

gegeok    

Why did she marry a bum?..LOL

159 days ago
43.

funkhowser    

The scrub made $30K? Boy, go move back into your mama's house.

159 days ago
44.

dr murphy    

He,ll get his prenup 60.000 and that's it,judge will see no job,no stable home,Sherri will get the kid,and for him 18 years ready and waiting,he better get a job now,or its the clinker.lol

159 days ago
45.

Paul    

Rosie O'donnell has advised Sherri to seek legal help from her attorney. Rosie had her previous marriage from the gold digger who scammed her anauled. They were together 8 years. Sure hope Sherri gets the new baby and the user hubby get nothing.

159 days ago
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