A judge in San Diego Friday morning denied an emergency motion filed by Ronald Shane Modica who was seeking full physical custody of his 5-year-old son Avery, whose mother is Michelle “Bombshell” McGee, the stripper linked to Jesse James, RadarOnline.com has learned exclusively.
Before the judge issued his ruling, Modica filed a motion earlier Friday, stating: "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.
“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.
If she sees Avery, she will bring these curiosity seekers and glory hounds down on herself and Avery, totally confusing him and frankly scaring him.
"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 nornal routine."
Modica and McGee have been involved in a bitter custody battle over their son Avery. In court papers obtained exclusively by RadarOnline.com, Modica calls McGee an “absentee mother” who uses her son’s name as her sex-industry stage name.
"It seems as the years go by, Avery's mother slips more and more into stripping, pills, alcohol and performances she does online, pornography, that she has brought into her home," Modica said in court documents he filed January 27 of this year. "There have been pornographic shoots there and live WEB cam pornographic broadcasts from her house."