Worried about the safety of his daughter, Michelle "Bombshell" McGee's ex recently filed an emergency motion to gain full custody of their 5-year-old daughter Avery - but has since been denied his request.
Earlier today (March 19), a San Diego judge decided to turn down Ronald Shane Modica's request,which stemmed from worry that the attention from her alleged affair with Jesse James would put Avery is harm's way.
Prior to the judge's decision, Modica filed his paperwork which read: "The petitioner and I have one minor child together, Avery, who is 5 years old. Yesterday I received an urgent phone call from Petitioner (Michelle) that I needed to pick our child up and "protect him" because of a breaking storing (sic) between her and Sandra Bullock's husband Jesse James. She was afraid that the paparazzi would harass our child. I went and got out (sic) child, and the petitioner told me that she was going to hide out at an undisclosed location."
Modica continued to tell, “The story she told broke today and she is on the front page of a tabloid. As prophesized, the reporters and photographers are everywhere. They are following me, asking me for statements, interfering with my business. They have told me they know where I live and where Avery goes to school, giving me veiled threats unless I give them my side of the story. This is upsetting my entire family and business partners. When the storm hit, I called Michelle and told her that I am keeping Avery away from this but she insisted that visitation should continue as before, even though she wanted to keep Avery safe."
The motion concluded to tell, "I am asking for temporary sole legal and physical custody of our child until the next hearing previously set for May 12, 2010. Hopefully these issues calm down by that time so that we can get back to normal routine."
Nonetheless, the San Diego judge deemed the request to be non-sufficient evidence to remove Avery from her mother's care.
