Michelle McGee, Shane Modica Custody Battle: Judge Denies Motion

by Amy Judd | March 19, 2010 at 10:43 am

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On Friday Morning a Judge Denied an Emergency Motion for Full Physical Custody of Michelle 'Bombshell' McGee's Son Avery to Her Ex-Husband Ronald Shane Modica

Shane Modica, the ex-husband of Michelle McGee, and father to their five-year-old son Avery, was denied full physical custody of Avery on Friday morning by a San Diego Judge after he had filed a motion earlier in the day.

Shane Modica had previously filed court papers in January saying that McGee was a stripper, a pill popper and has bi polar disorder and should be in the care of a therapist. He also disclosed the Nazi connection and said she brought porn in to the family home.

RadarOnline has a copy of the court papers filed by Modica and it states that McGee called him saying she needed him to protect their son as she was concerned about the paparazzi hounding her children now that the alleged story of her as Jesse James' mistress has broke.

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.

The statement goes on to say that Modica came and took Avery from the home and that McGee told him she was going to an undisclosed location to hide. Modica says that the paparazzi are now following him everywhere asking for his side of the story and he even states they are giving him 'veiled threats' saying they know where he lives and where Avery goes to school.

It seemed that Michelle McGee changed her mind however and wants Avery to stay with her as Modica goes on to say:

“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.

Modica says she is scared for his son's safety and that is why he wanted to keep Avery with him. He wanted sole legal and physical custody of Avery until the next hearing set for May 12, 2010.

The judge denied his claim however and Avery will be returned to McGee.