Newly Single Jesse James Gets Sole Custody of His Daughter

Amid reports that his cheating ways scuttled his engagement to Kat Von D, James wins custody of his 7-year-old daughter

Good news seems to come hand in hand with bad. On Tuesday, Jesse James and L.A. Ink star Kat Von D made the sad -- but, let's face it, spectacularly unsurprising -- announcement that they had broken off their engagement. But today comes word that James has reason to smile: People is reporting that the 42-year-old Monster Garage star was awarded sole cudstody of his 7-year-old daughter Sunny on Monday, following a vicious years-long legal battle with Sunny's mother (and his ex-wife), adult film star Janine Lindemulder.

James now lives in Austin, Tex., with his children (he also has a son and daughter from a previous marriage), while Lindemulder, 42, resides in California -- a bone of contention during the custody fight. James' attorney John Schilling tells People that if Lindemulder makes the choice to relocate to Texas in order to be near Sunny, she will be ordered to go through an inpatient rehab program; if Lindemulder decides to stay in California, then she will only receive monitored visitation rights with her daughter.

"Jesse feels vindicated," says Schilling. "This is what he's been claiming all along, that Janine needs therapy."

She might not be the only one. James became one of the most hated men in America after cheating on then-wife Sandra Bullock, and now a report on Radar Online suggests that he may have split from Kat Von D for similar reasons. An eyewitness tells Radar that James and 29-year-old Von D were seen fighting over another woman on Von D's front lawn in Los Angeles on Monday, the day before they announced their split.

"They were outside and I could hear them fighting," says the witness. "Kat kept throwing some woman's name out and arguing about how she didn't like him living so far away... It was clear from the tone of the conversation that Kat was accusing Jesse of something with this other woman."

The fight did not end well. "Jesse finally said, 'Fine, f*** you!' and sped away on his motorcycle," says the source. "Kat sat in her Bentley with her head on the steering wheel for about three minutes before finally driving away."

That's not exactly hard evidence of any cheating. And, in a statement on Tuesday, James blamed the demise of their relationship on the fact that they live in different states. "I'm so sad because I really love her," he said. "The distance between us was just too much." We're betting Von D regrets that "Jesse James" tattoo she got just in time for the breakup.

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