When we first reported on Jesse James‘ custody battle with Janine Lindemulder, it was a fight between the husband of an adored movie star and his ex, an imprisoned tax evading porn star now married to a convicted drug dealer. But over the last year, the odds have improved for Janine, thanks to “chronic cheater” Jesse‘s inability to stop banging tattooed pin-up girls. Hoping to improve her odds even further, Lindemulder has dumped husband Jeremy Aikman, knowing his sordid past makes it even harder for the courts to ignore her sordid…everything.

“Janine and Jeremy have split. They decided to put Sunny first and the timing just isn’t right for them to be together right now.” a source tells Radar Online. “Jeremy cannot live outside California for his own legal reasons, so, it would not be possible for him to leave the state if that is what the courts permit Jesse James to do…she is appreciative to both Jesse and Sandra Bullock for looking after her daughter while she was in prison. “But she is Sunny’s mom and she will do whatever it takes to play a big part of her life.” Hmm…leaving your husband because he can’t join you in chasing your kid across the country? We’re glad we’re not the judge who has to decide whether this is the sign of familial devotion or not.

[Photos: Getty Images]

Sandra Bullock‘s Oscar nomination isn’t the only good news she received this week: husband Jesse James scored a small victory in his custody battle with ex-wife Janine Lindemuller, keeping the porn star from regaining visitation rights with their 5-year-old daughter Sunny. Lindemuller initially lost custody after a six month prison term for tax evasion, and James has argued that her criminal activity (she’s currently in a halfway house for violating parole) and risque lifestyle (she’s married to an ex-con, runs an X-rated webcam from their home) should keep the pin-up from regularly interacting with Sunny—even making phone calls.  “She texts at least twice and up to 20 times a day, demanding to talk to Sunny,” said James. “But sometimes she’ll go a week at a time where she doesn’t make a call. She has no filter on what she tells [our daughter] about prison. There’s a lot of conversation about prison or jail and things that I don’t think a 6-year-old can comprehend or process.”

While Lindemuller will still be allowed to make daily phone calls to her daughter, she won’t see Sunny in person anytime soon, having missed four of her last five scheduled visits, including the Christmas Eve quality time she fought for in court two months ago. Earlier, Lindemuller had accused Bullock of wanting Sunny as her own on Good Morning America (“What would give her the right to take away my daughter?”), a claim the Blind Side star denied (“it couldn’t be farther from the truth”). James and Lindemuller will have their next court date in June, after monthly joint therapy sessions.

[Photos: Getty Images]