Janine Lindemulder has split-up with her husband Jeremy Aikman so that she can share custody of her daughter Sunny from her marriage to Jesse James, RadarOnline.com has learned exclusively.
Lindemulder and Aikman, who married only a year ago, mutually decided to call it quits because the former porn star decided that she couldn't run the risk of losing her 7-year-old daughter as she battles James in court.
What’s more, Lindemulder is prepared to pack up and move to Texas if Jesse decides t take Sunny there, as has been rumored.
A source told RadarOnline.com exclusively: "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.
"She also has a 19-year-old son from another relationship while Jeremy has his own daughter and a son too.
"Janine had a fantastic time with Sunny the other day and it was as if nothing had changed between the mom and daughter although they had not seen each other for four months.
"But it made her realize how important her daughter is to her and losing Sunny is something that she cannot risk doing at this point.”
Janine had a supervised visit with Sunny on June 11, as RadarOnline.com reported exclusively. She was in court last week and is continuing to battle for shared custody.
"Both she and Jeremy realize that it isn't right for them to be together just now and Jesse James has no bearing on the decision to break-up,” the source continued.
"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.
"Janine was delighted at how well Sunny was doing during their supervised visit and 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."
Lindemulder is set to be back in Orange County Family Court Tuesday to try and settle a custody date hearing with Jesse James.
His lawyer wanted to continue the June 17 date because the motorcycle mogul is currently involved in a court case in Los Angeles.
Commissioner Richard Schulte is expected to rule on visitation Tuesday.
Before Jesse James' affair with Michelle "Bombshell" McGee was exposed Sandra Bullock had written to the courts claiming Lindemulder was an unfit mom.
Despite the fact that the Oscar winner has filed for a divorce from James he remains determined to win her back and plans to re-locate to Austin, Texas, with Sunny where the star has several homes.