SHOULD SANDRA BULLOCK SEEK CHILD CUSTODY?

COULD SANDRA BULLOCK SEEK GUARDIANSHIP AND THEN CUSTODY OF THE CHILD OF JESSE JAMES. ?

Jesse James Once Again In Child Custody Battle With Ex-Wife[1]
Flint Divorce Attorney Terry Bankert comments on the Family Law applicable if Jesse James Custody case was in Michigan.

CHILD CUSTODY

The Press released recently, Motorcycle builder Jesse James is once again in fights with ex-wife Janine Lindermulder over their child . James is now married to Sandra Bullock as of July 2005, but the fight over custody with his ex-wife returns in light of the now alleged scandal.[1]
Jesse James has Custody of his daughter.

In Michigan and Flint Divorce Courts the Child Custody Act demands an assessment of the ability of individual parents to care for their children. The act standardizes the criteria for the best interests of the child and creates a comprehensive framework for decisions regarding child custody. Wealton v Wealton, 120 Mich App 406, 327 NW2d 493 (1982).
　
CHANGE IN CHILD CUSTODY

The porn star ex-wife of Sandra Bullock's hubby has reportedly decided to take him to court to get custody of their daughter. [2]

In Michigan and Flint Divorce Court a child custody order is never unchangeable. The Child Custody Act allows a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).

There is a lot of proper cause here.
　
DAD HAS CUSTODY OF DAUGHTER

James currently has full custody of Sunny since Lindermulder lives in a halfway house after being found guilty of tax evasion, TMZ reported.[2]

Sources told the celebrity site that Lindermulder knew she didn't stand a chance of gaining even partial custody from James…[2]
　
In Michigan and Flint Divorce Court the court must consider three issues before modifying a custody order: (1)Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”? (2) Is there an established custodial environment? and (3) Is the modification in the best interests of the child?
The requirement to find a change of circumstance or proper cause and not changing an established custodial environment without clear and convincing evidence—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders

NON CUSTODIAL EX PORN STAR MOM IS IN HALF WAY HOUSE AFTER PRISON.

Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]

If this were a Flint Divorce Court cause the burden will be on Lindermulder to show a change in circumstances.

The Flint Divorce Courts first issue will be to considered whether the biological mother has shown the requisite “proper cause” or “change of circumstances” directed by MCL 722.27(1)(c). Vodvarka v Grasmeyer, 259 Mich App 499, 675 NW2d 847 (2003). The existence of proper cause or a change of circumstances is a threshold matter in any consideration of a change to a prior custody order. The biological mother here has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists before the trial court can consider whether an established custodial environment exists (thus establishing the burden of proof) and conduct a review of the best interests factors. Id. at 509.
　
MOM ADMITS SHE CANNOT PROVIDE STABILIZING ENVIRONMENT

Lindermulder previously believed, say sources, that she would have a difficult time getting even partial custody of Sunny because Bullock was considered "a stabilizing family influence." [1]
A Michgian Flint Divorce Court must follow the Michigan Child Custody Act which contains a strong policy statement that “the best interests of the child” must be the court’s controlling guide in custody disputes. MCL 722.25. MCL 722.23 defines the “best interests of the child” . Stability is directly addressed in section (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
　
IS DAD CURRENT MARITAL ISSUES ENOUGH TO CHANGE CUSTODY?

Now, sources state, in light of the scandal, Lindermulder hopes she has a better chance of getting her daughter back.[1]

GREAT STEP MOTHER

Before the scandal broke, Bullock had stated her joy in helping to raise Sunny, even having helped James get custody of the girl.[1]

MOTHERHOOD

In her Oscar acceptance speech for The Blind Side, Bullock said, "I would like to thank what this film is about for me, which are the mom’s that take care of the babies and the children no matter where they come from. Those moms and parents never get thanked."

CAN ESTRANGED WIFE AND STEP MOTHER GET CUSTODY?

However, Bullock isn't through with her stepdaughter Sunny, Bradley said. US has reported that she's looking to get custody of the 6-year-old girl, Bradley said. [3]Jacobs said on "The Early Show," "Think about it, Sandra's been married to Jesse for five years and they have raised this girl together. Her mother, her biological mother, is in a halfway house, she was a former porn star, she's an admitted drug addict. [3]

So basically Sandra has been this girl's mother. [3]

Now she wants to divorce Jesse, but she still wants to raise Sunny.
[3]It's an interesting legal question, because Sandra, of course, is not the biological (mother) or (has any) legal claims to this girl. But she basically is her mother." [3]Bullock's representatives have denied the star is seeking custody. [3]

IF THIS WAS A MICHIGAN CASE SANDRA BULLOCK COULD SEEK GUARDIANSHIP

James is currently in a rehabilitation facility for sex and drug addiction, according to Radar Online and US Weekly. [3]

Lindermulder is hoping to get her six-year-old daughter Sunny back, although she currently lives in a halfway house after the feds busted her for tax evasion . [1]

In Michigan and Flint a minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. If the child is left with a person without legal authority a guardianship may be sought.

A full guardianship could be found in a Michigan court if it were the proper jurisdiction,which it is not, based on the following.

The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b). These circumstances must exist at the time the petition is filed.
　
AFTER STEP MOM GETS GUARDIANSHIP SHE CAN SEEK CUSTODY.

A guardian or limited guardian of a child can bring an action for custody of the child. MCL 722.26b; see also Walterhouse v Ackley, 459 Mich 924, 589 NW2d 780 (1998) (statutory provision that gives limited guardians standing to seek custody may be applied to guardianships in place before statute’s 1990 effective date). MCL 722.26b.

Posted here by
Terry Bankert
http://www.attorneybankert.com/
See.
[1]
http://tmdcelebritynews.com/headlines-jesse-james-once-again-in-child-custody-battle-with-ex-wife/05194
[2]
http://www.nypost.com/p/news/national/bullock_hubby_in_renewed_child_custody_FrIVidsBvn8TdJjBnE3jKK
[3]
http://www.cbsnews.com/stories/2010/03/31/earlyshow/leisure/celebspot/main6350168.shtml
　

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