While many people would be excited to learn they are the mother or father of baby born to a surrogate, Sherri Shepherd is not. After her husband, Lamar Sally, and she decided last year to divorce, she told the court that her ex wanted the baby so he could receive child support.

The surrogate was pregnant when the couple decided to divorce, but Shepherd did not want to be the child’s legal mother or have custody. The surrogate’s egg and Sally’s sperm were used to conceive the baby. The surrogate was listed as the baby’s mother on the birth certificate.

However, the court apparently saw a video clip in which Shepherd was “expressing excitement over her and Lamar (having) a baby through the help of a surrogate with no genetic connection.” This was reportedly stated by the legal representative of the child. A judge ruled that Shepherd is the legal mother of the child.

Shepherd was not in court; however, that may have to change when they determine all the details of child support.

Even in a divorce with issues that aren’t centered around a surrogate, it can be very complicated. Both parents want what is best for their child, but they often disagree on what that is. The court, though, will always consider the best interests of the child. This is true in cases of child custody and child support.

Those who find themselves trying to fight for what they believe is right for their child should consider the advice of an experienced family law attorney. It’s this professional’s job to make the judge understand why what you want for your child is in his or her best interests.

Source: New York Daily News, “Sherri Shepherd declared legal mother of baby born via surrogate,” Kirthana Ramisetti, April. 22, 2015