Okay, so a few weeks ago, we reported that Sharon Stone had apparently lost joint custody of her son Roan after a minute entry was made in the court file indicating as much. And then her representatives were all over the media, denying that she lost custody. So, giving Stone the benefit of the doubt, I thought maybe the clerk who transcribed the note hadn’t included enough information to be clear. And then the court’s “Tentative Statement of Decision Re: Mother’s Motion to Modify Custody” was released (or leaked) in full. This is the document that claims that Stone wanted to use Botox injections to battle the child’s stinky feet (which Stone’s reps also deny).

The court’s statement is 27 pages long. I’ll boil it down for you.

It appears that Stone filed a Motion to Modify Custody and then she and ex-hubby Phil Bronstein agreed that a custody evaluation should be conducted. After the evaluation was complete, a hearing was held from August 25 through September 5, 2008.

Custodial History

Apparently, when the couple originally split back in 2003, they agreed that Roan would spend alternate three week periods with each parent – Stone in Los Angeles; Bronstein in San Francisco. Roan was three years old at the time. The divorce was final in January, 2004. Three months later, Stone filed a motion seeking sole physical custody of Roan with visitation for Bronstein. Bronstein responded and asked that he be awarded sole physical custody. Roan continued to travel between L.A. and San Francisco every three weeks until November, 2005. He attended school in each location.

In November, 2005, Stone and Bronstein agreed, after mediation, to a new custody order which would have Roan live with Bronstein for two years, then with Stone for two years – presumably, the non-residential parent would have visitation. But during the first two years of this arrangement, Roan’s school determined that there were some serious learning and other difficulties which need to be addressed.

In early 2007, Bronstein advised Stone that he would be asking the court to modify the two years here/two years there agreement because Roan needed continuity and stability in his education and in other therapeutic assistance he received. A new custody evaluation was conducted and the parties ultimately agreed that Roan would remain in San Francisco for another school year. The idea was that they, along with the custody evaluator, would continue to monitor Roan’s progress at school and reconvene in early 2008.

Current Court Case

Stone and Bronstein attended mediation in February, 2008. A month later, Stone filed a motion to modify custody to move Roan to Los Angeles and to appoint a different custody evaluator. In her motion, she claimed that she was the only parent who appropriately addressed Roan’s medical needs and learning disabilities.

To the contrary, after hearing testimony from several doctors as well as from Stone and Bronstein, the judge found that Stone regularly overreacted to medical issues and refused to share information with Bronstein or coordinate care or tutoring in L.A. with his San Francisco care providers and teachers. He found that she does not participate in Roan’s counseling or education in San Francisco – not talking with therapists or teachers, except on rare occasions. Stone claims that she was excluded from these activities.

The court found that Stone made no efforts to arrange or limit her work schedule to be available for her son, his therapists and his teachers. It even noted that, despite her active travel schedule, Stone made very few attempts to travel to the Bay Area to participate in Roan’s life.

Outcome

The visitation schedule set out in last year’s order basically remains in place. That is, Roan spends one weekend a month and at least a large portion of his summer break with his mother.

The court determined that it was in Roan’s best interests to live with his father during the school year. It also gave Bronstein the final decision-making authority for medical and educational issues. Stone can “appeal” his medical or educational decisions by arguing her case to a Special Master Team, which is a duo who has been appointed in this case to arbitrate these types of things for Stone and Bronstein. There is also a neutral medical coordinator who helps the two reach compromises on choices of doctors, tests and procedures. Clearly, this is a HUGELY high conflict couple.

So, were Stone’s spokespeople “spinning” when they said she hadn’t lost custody? I think so. Technically, maybe she hadn’t lost it because she had nothing to lose. Roan was living with his dad. After the court order, Roan continues to live with his dad. Stone has visitation once a month, for a week at Christmas and for a few months in the summer. That doesn’t exactly scream joint physical custody to me. And giving Bronstein the final say-so over health and school decisions doesn’t exactly scream joint legal custody either.