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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Jesse James, Sandra Bullock, adultry, and sex addiction. What results if this was a Flint Michgian Divorce?

Flint Divorce Lawyer Terry Bankert comments on the Michigan Family Law that would apply if Sandra Bullock and Jesse James lived in Flint Michigan.

ADULTRY AND HUMILATION IN DIVORCE

Divorce is a Family Law option as the parade of tattooed tarts continues, Sandra Bullock has concluded that her marriage was a lie and she's done being publicly humiliated.See[1]

Michigan and Flint Divorce court is a “no fault” divorce state.

But fault , in a Flint Divorce, such as adultery charges between a divorcing couple still have impact on the divorce outcome. Michigan and Flint Family Law deals with Divorce property allocation, child support or spousal support, and how much parenting time , or child custody. In a Flint Divorce fault like adultery and sex addiction may become an active part in dealing with these issues.

A Divorcing spouses indiscretions ,like the Adultry and self described sex addiction of Jessse James , will work against them when these decisions are being made.

Flint Divorce Court and all Michigan Family Courts have one ground for divorce: “There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

In Flint Divorce Court when placing a judgement “on the record“, some judges require only a recital of this assertion. No details need to be provided until there is a fight over the issues listed above.

“Fault” and Equitable Division

“Fault” may be a factor in dividing property—it must not be the only factor. Kenbeek v Kenbeek, unpublished opinion per curiam of the Court of Appeals, issued July 31, 2008 (Docket No. 277359):

“In reaching our conclusion we note that a trial court may consider fault when determining how to divide the marital property, although it may not be the sole factor. Sparks, supra at 158.”
“Fault” is a valid consideration in dividing marital assets; was the conduct “more of a reason” for the breakdown of the marriage?[5]

In determining ‘fault’ as one of the factors to be considered when fashioning property settlements, courts are to examine ‘the conduct of the parties during the marriage.’” Welling v Welling, 233 Mich. App. 708, 711; 592 N.W.2d 822 (1999), quoting Sparks v Sparks, 440 Mich. 141, 157; 485 N.W.2d 893 (1992). The issue is whether “one of the parties to the marriage [wa]s more at fault, in the sense that one of the parties’ conduct presented more of a reason for the breakdown of the marital relationship than did the conduct of the other.”
　
　
SEX ADDICTION AND DIVORCE

Jesse James reportedly is seeking professional help to deal with "personal issues" after a cheating scandal that has put his nearly five-year marriage to Sandra Bullock on the line with the possibility of divorce.See[2]

( Jesse James ) Sexual Addiction - What is it?Sexual addiction is, in its simplest form, a normal sex drive that has become obsessive, to the point that behavior is out of control. Sexual addiction is referred to as a 'process' addiction, as opposed to a substance addiction like alcohol or drugs. In a process addiction, the euphoric feeling (or "high") comes from chemicals released into the brain, rather than from an external source. As the mind becomes accustomed to the release of these chemicals, it searches out for continued sources of that high. This could be from eating, the adrenaline rush of competition, putting yourself in dangerous situations, or from sexual stimuli. Sexual addiction can take on many forms, from the use of pornography and masturbation to repeated sexual affairs, patronizing prostitutes, and voyeurism. In extreme cases, sexual addiction can involve molestation, rape, and even murder. The many forms of sexual addiction have one thing in common, the behavior is done in secret, and the sex addict becomes skilled in hiding this secret life from those closest to him. [4]

(Jesse James ) Sexual Addiction - What Causes it?Sexual addiction is rarely caused by only one factor, but is more likely a build up of conditions over time. ... causes for sexual addiction can include traumatic experiences in their childhood such as physical and/or sexual abuse, abandonment, or emotional trauma. . [4]

( Jesse James ) Sexual Addiction - What's the Problem, it's only Sex?One of the most serious problems with sexual addiction is the way it affects our relationships. ...Closeness in a marriage is a combination of the physical, emotional, and spiritual aspects of the relationship. Unfortunately, when one aspect of the relationship starts to break down, the others tend to suffer as well. ...sex addiction, at its core, is all about selfishness. The sex addict becomes obsessed with meeting his own needs at the expense of those around him. And selfishness in any form is damaging to a marriage relationship. [4]

The other major problem with sexual addiction is its progressive nature. While lingerie ads and R-rated movies can be visually exciting to a teenager, that excitement doesn't continue for the sex addict. The need for more and more stimulation leads into more explicit, hard-core pornography, adult movies and websites, and eventually into acting out the fantasies that are formed in the mind. The first consequence of this acting out is that the wife ceases to be a unique person, worthy of honor in the relationship. Instead, she becomes an object of sexual gratification. Eventually, this too becomes mundane, and the sex addict seeks thrills of an increasingly illicit nature. [4]
　
STEP MOTHERS RIGHTS TO CHILDREN IN DIVORCE

Sandra Bullock has access to Jesse James's children, a US report said.
Jesse James reassured the blind-sided star she can see his three children, including a six-year-old stepdaughter she raised as her own.See[3] She has no special rights to see the minor children after divorce unless the biological parents agree.

Posted here by,
Terry R. Bankert
http://www.attorneybankert.com/
For state wide mediation or how to find your Court see
http://www.dumpmyspouse.com/
　
　
　
[1]
http://www.philly.com/philly/entertainment/20100331_Tattle__Here_s_a_shocker__Sandra_reportedly_splitting.html
[2]
http://abcnews.go.com/Entertainment/wireStory?id=10246739
[3]
http://www.monstersandcritics.com/people/news/article_1544908.php/Jesse-James-reassures-Sandra-Bullock-she-can-see-kids
[4]
http://www.allaboutlifechallenges.org/sexual-addiction.htm

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