Custody Battles

Kelly Rutherford plans on doing what you'd hope any mother would do when faced with losing her kids ... she's going to keep fighting.

As TMZ first reported, Rutherford's two children were ordered to live with their father, Daniel Giersh, who happens to live in France. The "Gossip Girl" star has been fighting to have that order overturned, but lost her latest attempt to do so earlier this month.

Kelly Rutherford burst into tears and freaked out after a judge shut down her last ditch effort to keep her kids in the U.S.

Rutherford claimed another judge had illegally awarded custody of her 2 kids to her ex-husband, Daniel Giersch, who lives in France. Rutherford claims the judge effectively deported the kids.

So she was in federal court Wednesday ... asking a judge to step in, but the federal judge said he didn't have the power. Outside the courtroom, Rutherford broke down, saying "My own country won't save my children and I pay taxes!"

The judge gave Rutherford a ray of hope, saying although he didn't have jurisdiction over custody, he would set up a conference call Friday with him, Rutherford and Giersch's lawyer ... to figure out a way for Giersch -- who has immigration issues -- to come back to the U.S. to live.

The clock is ticking ... if the judge's Hail Mary doesn't work ... the kids go to France August 19.

Kelly Rutherford claims her children are being illegally deported by a renegade judge who has ordered them to live with their father in France ... and if things don't change she'll break the law and keep her kids right here in the U.S. of A.

The former star of "Gossip Girl" was in a bitter custody battle with ex-hubby Daniel Giersch. He now lives in France and an L.A. County Superior Court judge ruled he had a right to primary custody of the children -- ages 5 and 7.

In new legal docs -- obtained by TMZ -- Rutherford claims sending her kids out of the country creates an immigration issue -- and that's beyond the scope of a state judge's power.

Rutherford wants a federal judge to invalidate the state order and give her custody so the children can remain in the U.S.

Sophie B. Hawkins is about to become a single mom ... her longtime partner has filed to end their domestic partnership and is giving up custody of their son.

Hawkins -- whose song "Damn I Wish I Was Your Lover" was a hit in 1992 -- has been in a partnership with her manager, Gigi Gaston since Sept. 2008. According to court docs ... they've been separated for the last year and a half.

In her docs, Gigi says she wants Hawkins to have physical custody of their 5-year-old son, Dashiell ... she's asking for visitation.

Gaston's not looking for a payday ... she didn't ask for spousal support.

Sherri Shepherd claims estranged hubby pilfered around $20K from their joint bank account before he split ... and the money could end up as a key piece of evidence in their custody war.

Sources close to the couple tell us Sherri was in the dark until she looked at a recent bank statement and saw the money was gone.

The fired "View" host is disavowing the contract she and Lamar Sally signed with a surrogate on grounds Lamar defrauded Sherri -- that the only reason he wanted the baby was so he could divorce her and collect child support. We're told Sherri will use the $20K withdrawal as proof Lamar was purely money-motivated.

Sources tell us Lamar used the money for baby expenses ... including trips he took to Pennsylvania to be with the surrogate. He also claims Sherri knew full well he took the money out of their joint account.

Ex-MGM mogul Kirk Kerkorian just scored a knockout punch against his ex-wife Lisa Bonder ... a judge just shut down her request to up monthly child support from $100K to $565K.

It's a spectacular defeat for Bonder, who claimed their 16-year-old daughter Kira needed $491,000 a month just for equestrian expenses. Kira is an accomplished rider who has Olympic aspirations, but apparently the judge found Bonder's request ridiculous.

The judge felt Bonder could make do with $100,000 a month ... which by the way is the largest child support award on record in the U.S.

The judge scoffed at Bonder's request in his written ruling -- obtained by TMZ -- saying, "There is a difference between the 'needs' of a child and the 'wants' of a child."

Here's what's really amazing. Kerkorian and Bonder were married a grand total of 28 days back in 1999 and the child isn't even his ... when he agreed to pay support he didn't know Kira wasn't his biological child.

Lamar Sally got a slew of baby gifts from just about everyone in his life except one person ... the woman who had signed on to be the mother -- Sherri Shepherd.

The baby was due Thursday. It's being carried by a surrogate and Lamar and Sherri were once looking forward to raising the kid together ... until he filed for separation and she filed for divorce. Now she wants a clean break from Lamar and the kid.

Lamar's friends have given him gift cards, baby clothes and lots of stuff for the nursery. Lamar has dropped $5K on a changing station, crib, baby swing and rocking chair. But Sherri has not so much as given him a diaper on which the kid can crap.

Sherri believes Lamar defrauded her into signing on with the surrogate, claiming he always planned on leaving her and this was just a transparent ploy to get child support.

Rapper Future and his baby mama have reached a new custody deal ... which includes a schedule for Martin Luther King Day.

Future must now pay $2,800 a month in child support for his 11-year-old son -- that's up $1,200 from what he was previously paying. But it won't really cramp his style ... because according to court docs he earns $50K every month.

The new deal -- the result of Future's increased earnings -- lays out a plan for who gets the kid on big holidays, including Thanksgiving, XMAS, the child's birthday and MLK Day.

And there's this ... baby mama Jessica Smith agreed to move to a nicer neighborhood near Atlanta so the child could attend a better school.

Sherri Shepherd will maintain primary physical custody of her 9-year-old son, despite her ex-husband's claims she's a horrible parent to the child.

Sherri emerged victorious over Jeffrey Tarpley after yesterday's hearing in L.A. County Court -- he was seeking full custody of their son, but was denied by the judge.

TMZ broke the story ... Jeffrey made some horrendous claims about Sherri neglecting Jeffrey Jr. -- including blaming her for the boy not being able to read or tie his shoe laces.

The judge clearly disagreed. In court docs -- obtained by TMZ -- she wrote, "there has not been a material change in circumstances to grant the request."

After court Sherri asked fans to "keep the prayers coming" ... clearly referring to her ongoing battle with estranged husband Lamar Sally.

Keep the prayers coming... Still got more battles - please judge me by my character and not from the tabloids who are having a slow news day

Sherri Shepherd is scoffing at Lamar Sally calling her a hypocrite in their custody war ... telling us anyone who knows her, knows Lamar is full of BS.

Shepherd was judged today but not by Lamar ... by a real judge in a different custody fight she's having with ex-husband Jeff Tarpley over their nine-year-old son. He now wants full custody.

Sherri Shepherd will be sued if she doesn't embrace the child she's having this month via surrogate ... so promises her very angry and determined estranged husband.

We've learned Lamar Sally is already drafting legal docs to prevent Sherri from backing out of the surrogate contract she signed while they were still a couple.

As TMZ first reported ... Sherri claims Lamar defrauded her into signing the contract ... claiming he knew he wanted out of the marriage but wanted to hook her into paying child support. She wants the contract voided on grounds of fraud ... and wash her hands of any parental obligations.

Lamar is calling BS and says he'll fight to put Sherri's John Hancock on the birth certificate ... and if that takes a judge's order, so be it.

We're told Lamar may weave what he believes is Sherri's hypocrisy into the contract, saying on the one hand she professes to be a good Christian and on the other abandoning an innocent child.

Sherri Shepherd does not want anything to do with her unborn surrogate baby ... because she believes her estranged husband defrauded her into having the kid in the first place so he could get child support ... this according to multiple sources connected with the couple.

TMZ broke the story ... Sherri and her husband Lamar Sally each separately filed legal docs to end their marriage. The big complication -- a baby will be born this month to a surrogate who signed a contract with Sherri and Lamar.

Now our sources say ... the baby was conceived with Lamar's sperm, but NOT Sherri's egg.

Now here's where it gets tricky. We're told Sherri does not want custody or even to be considered a parent ... because she doesn't want to get stuck with massive child support payments.

Sherri wants a judge to rule she has no parental rights or responsibilities -- which would shut the door to child support. She claims Lamar defrauded her -- that he got her to sign on for a surrogate birth knowing full well he would divorce her and then nail her to the wall for child support.

Our Lamar sources say Sherri tried to get pregnant in vitro and when it didn't work she got deeply involved in the surrogacy process.

"Love & Hip Hop: Atlanta" star Stevie J thought his only legal woe was back child support during a court appearance Monday ... but his problems now include weed and coke.

Stevie was in court in Manhattan to surrender on charges he owes his baby mama more than a million dollars in back child support.

It should have been simple ... post the $25,000 and then walk out. Turns out Stevie was drug tested when he was picked up in Atlanta earlier this month and he flunked bad.

So the judge allowed Stevie to post bail ... but added a condition that he submit to random drug testing.

Zoe McClellan says she just learned a hard lesson about success ... sometimes your ex will come
after you with a vengeance, especially when money is on the line.

Zoe just signed on as the new star of "NCIS: New Orleans." According to legal docs -- obtained by TMZ -- she'll be raking in $45K an episode.

Zoe's hubby, J.P. Gillain -- a struggling actor -- just filed for divorce, and she doesn't think it's coincidental. J.P. is asking for joint custody, and she suggests a motivating factor is that he wants child support.

Zoe is also incredulous ... because she goes on and on in the docs saying J.P. has never been a hands-on dad, to the point where he doesn't know how to put their 18-month-old Sebastian to sleep.

Zoe used to be rolling in dough, starring in "JAG" for years. But when the show went off the air she couldn't get an acting job -- she was a life coach and J.P. waited tables.

Zoe wants to move to New Orleans to shoot the show, and she's now asking the judge for an emergency order giving her temporary full custody, but J.P. strongly objects.

The-Dream maintains he never laid a hand on his baby mama ... and this weekend hinted she was only making brutal accusations against him in order to get paid.

We broke the story ... The-Dream is being accused of punching, kicking and strangling his ex-girlfriend ... when she was pregnant with his child. TMZ even obtained photos of her alleged injuries.

Outside Mr. Chow on Sunday night, the R&B star reiterated his innocence, but this time made a remark about people always gunning for his money ... clearly directed at the baby mama.

Melanie Griffith thinks she's a better parent than Antonio Banderas -- a dog parent, that is -- and she's dead set on getting custody of their three dogs in the divorce ... TMZ has learned.

As TMZ first reported, Griffith filed for divorce on June 6 after 18 years of marriage to Banderas.

Child custody won't be an issue -- their daughter turns 18 in September -- but sources close to Griffith tell TMZ she is angling for custody of their three dogs. The former couple has one terrier mix and two shepherd lab mixes they adopted last February.

Our sources say Melanie is the better dog owner between herself and Antonio ... and the pooches mean the world to her.