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As for the kid -- James fought for it because Bullock wanted it. When Bullock divorces his ass, she won't have any standing in court, so she can't get custody either.

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Custody is decided in favor of the _child_, not the parents. I bet she can get a lawyer to argue in court that since she and Jesse had custody at time of divorce, she can retain custody after divorce. Courts strongly favor biological parents, but when the biological parents are not suitable as in this case, well, that's where new case law comes from.

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