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Berry, who co-parents 10-year-old Maceo with Martinez, filed for sole legal custody on a recent Friday in the Los Angeles County Superior Court, according to People magazine and Fox News. If she’s not awarded sole custody, Berry requests ‘tie-breaking authority’.
History Of Their Relationship And Custody Agreement
They were married in July 2013 and had their son, Maceo, in October of that same year. They filed for divorce in October 2015 and finalized their divorce in August 2023.
The terms of their divorce settlement specified that they would jointly hold legal and physical custody of their son. The court ordered Berry to pay Martinez $8,000 per month for child support, as well as 4.3 percent of all the income she earns above $2 million.
But now in her latest filing, Berry claims Martinez is “oppositional” and “unmoving”’ in their co-parenting responsibilities, and that his conduct has ‘negatively affected’ Maceo’s schoolwork and his relationship with her.
Berry claims that Martinez prioritized Maceo’s soccer activities over his “educational and psychological well-being,” which has interfered with the strategies and interventions she has put in place to assist him.
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According to reports from People and Fox, Berry has agreed to cover the costs of Maceo’s private school tuition, extracurricular activities, health insurance, and therapy as part of their custody agreement.
Berry further states that Maceo’s “educational and behavioral challenges worsened” as a result, leading him to fall behind in school. Additionally, she alleges that Maceo would “act out” towards her after spending extended periods with Martinez, often repeating arguments that Berry and Martinez had privately, indicating that these disputes were impacting their son.
Ongoing Legal Battle And Future Developments
The former couple’s custody agreement includes a clause prohibiting them from speaking negatively about each other in front of Maceo or within his hearing range. Despite this, Berry claims that prior to therapeutic intervention, Maceo often took Martinez’s side in their disputes, disregarding her authority as a parent.
Berry’s complaint states that Martinez’s “actions and lack of cooperation” regarding Maceo’s psychological and educational needs have been harmful to their son’s well-being. She further alleges that Martinez “refuses to co-parent or communicate in a child-centered way,” effectively making sole decisions without her input, which violates their stipulated judgment.
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An attorney for Martinez has indicated that he plans to respond to Berry’s allegations in the coming weeks.
This latest development comes after Berry filed an emergency motion in family court a few weeks ago. Although both parents were supposed to participate in co-parenting coaching sessions, Martinez reportedly skipped these sessions to travel back to France, leading Berry to file the emergency motion. The court, however, did not consider the matter urgent.
Berry’s filing suggests that Maceo has specific needs that require careful attention, and she claims that Martinez’s parenting style has been more lenient, allowing Maceo to do as he pleases. The filing arrives almost a year after Berry and Martinez finalized their divorce, following an eight-year process.
Berry’s legal team argues that Martinez has hindered efforts to support Maceo’s needs by ignoring professional advice, withholding information, and making unilateral decisions. A source close to Berry has mentioned that both parents have “very different parenting styles,” but they both care deeply for Maceo.
Berry, who has been dating musician Van Hunt since 2020, is reportedly “incredibly happy” in her current relationship, with Hunt being a strong supporter.
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