An Orange County, California judge issued an order earlier today, granting television personality Jesse James’s motion to relocate his daughter Sunny to Texas. James’s ex-wife, porn star Janine Lindemulder, had been fighting the request to move. James has had primary physical custody of the six-year-old for almost two years, since Lindemulder was sent to federal prison for income tax violations.

Judge Thomas Schulte ruled that James will have physical custody of Sunny and Lindemulder, who was recently released from a halfway house, will share legal custody. Lindemulder will have visitation with Sunny once a month in California and will have visitation for half of the Thanksgiving and Christmas holidays, two-thirds of summer vacation and all of spring break.

The judge ordered that Sunny will stay with Lindemulder for the remainder of the summer before moving to Texas to attend school in the fall. Financial issues will be determined at a later court date.

Judge Schulte said he based his decision on Sunny’s bond with her siblings that live with their father and the fact that “she is doing well in her father’s care.” James recently indicated that he planned to move to Austin with his children from a first marriage, Chandler, 15, and Jesse Jr., 12, for business purposes and so that the children could maintain a relationship with their former stepmother, actress Sandra Bullock. James’s third ex-wife, Bullock moved to Austin after their split this spring. Bullock recently adopted an infant son, to whom Lindemulder has said Sunny is close.

The judge had concerns about that Lindemulder was in a “fragile position to make poor decisions,” including the one to marry an ex-con while incarcerated (from whom she is already separated), despite it being a probation violation.

Although she sobbed upon hearing the judge’s decision, Lindemulder said, after court, “[Sunny] will be fine. It hurts. Sandy is good. Jesse is good. Sunny loves baby Louis. She’s excited to move to Texas. [Bullock] will be good for her.” She also indicated that she couldn’t compete with James and Bullock and the “nice things they provide.” She then indicated that she may though allow Sunny to move to Texas early.

Lindemulder previously accused James of moving to simply try to win Bullock back at the expense of Lindemulder’s relationship with Sunny.

In most states, the custodial parent must provide the non-custodial parent with notice of an intention to move the child out-of-state or even to a local or in-state location which might affect visitation. The non-custodial parent then has an opportunity to oppose the move and force the relocating parent to seek the court’s approval.

In considering such a request, the court will look into the reasons the custodial parent wishes to move, the negative impact, if any, the move may have on visitation and the child’s relationship with the non-custodial parent as well as potential advantages to moving the child, such as continued relationships with siblings. When a move is authorized, the court will generally adjust visitation to accommodate longer but less-frequent periods of visitation (as in this case) and require transportation costs to be borne by the moving parent.

Library Topics: visitation, custodial parent request to move, sole physical custody, joint legal custody

See Also:

• Jesse James Gets Custody As Ex Heads to Prison
• Jesse James Goes Back to Court Over Daughter with Janine Lindemulder
• Jesse James Wins Custody Battle
• Sandra Bullock Faces Losing Stepkids if Divorcing Jesse James
• Sandra Bullock Files for Divorce From Jesse James
• Jesse James and Janine Lindemulder Continue Custody Battle