from www.hollyscoop.com – Jesse James may be headed for divorce, but he’s certainly not at risk to lose his six year old daughter Sunny [pictured]. There are reports circulating the internet that Sandra Bullock will try to get custody of Sunny claiming he’s “unfit” as an adulator to raise her, but legally that won’t happen.

“In California adultery doesn’t make a biological parent unfit to lose custodial rights to their child,” a family law attorney not involved in the case tells Hollyscoop.

“The court will look to place the child with a biological parent,” added the attorney. In this case, it looks like Sunny will stay with Jesse.

“It is difficult for non-biological parents to gain custodial rights over the objection of a biological mother or father. In [Sandra’s] case, if there is already a determination made that the biological mom is not fit, and Sandra is an adoptive parent, she could petition for visitation rights.”

Sandra had planned to file for adoption of little Sunny recently, but she was blind sided by the affair.

“Non parents can’t be awarded custody, but they can get visitation,” added the attorney.

Jesse’s ex-wife Janine Lindemulder, who happens to be a former porn star, has filed for legal custody of Sunny. But seeing as though she’s living in a halfway house right now, it’s not looking so good. Jesse got full custody of Sunny after Janine got convicted of tax evasion last year, and was sentenced to prison.

We’re sure Sunny is comfortable living with her father at this time, since she’s probably unaware of the severity of the situation. But we wouldn’t blame Sandra for trying to fight for custody of her, she’s helped raise her for years! Jesse James has screwed up more lives with this affair than just his own.