Jesse James and his (second of three) ex-wife Janine Lindemulder are back to fighting over their daughter, six-year-old Sunny. Earlier this summer, an Orange County, California judge granted James’ request to move with Sunny from California to Austin, Texas.

James has had primary physical custody of Sunny for almost two years, since Lindemulder was sent to federal prison for income tax violations.

James has physical custody of Sunny and Lindemulder, who was recently released from a halfway house, shares legal custody with James. Lindemulder is supposed to 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.

Last week, however, Lindemulder’s attorney filed a motion in an Orange County, Calif. court, asking for a modification in visitation, counseling for Lindemulder, James and their daughter, a child custody evaluation and $10,000 in attorney fees.

In the latest motion, Lindemulder says that her relationship with Sunny has become “estranged” since the move to Texas, even stating that she hasn’t spoken to Sunny in 17 days. She also alleges that Sunny has said inappropriate things about her and that James is poisoning Sunny against Lindemulder.

Her accusations amount to a claim of parental alientation. Lindemulder alleges that Sunny “was distant, confrontational, disrespectful and accusatory” toward her before the move. Among Sunny’s supposed comments precipitated by James or members of his family: comments about Lindemulder showing her “boobs,” that her mom is a “bad person,” should “get a life” and get a “real job.” (Lindemulder is an adult film actress.)

James disputes Lindemulder’s claims in his official response to her motion. “I have not interfered with [Lindemulder] calling Sunny and have not interfered with Sunny making calls to her mother,” he says in the court filing. He claims that Lindemulder often calls at “inappropriate times.” Lindemulder, James alleges, has repeatedly called Sunny’s school “very distraught” demanding to speak with her daughter.

He also says that the last time Lindemulder and Sunny spoke, Lindemulder “told Sunny that she no longer wanted to be her mother and would not be seeing her or calling her again.” He believes that Lindemulder “is not stable and acts impulsively and contradictory…[she] sounds …as if she is drinking or taking drugs again.”

Library Topics: visitation, custodial parent request to move, sole physical custody, joint legal custody, custody modification, custody evaluation, parental alienation

See Also:

• Judge Allows Jesse James to Move Daughter to Texas