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Jesse James testified Wednesday in Orange County Family Court that his daughter Sunny is doing really well, but would be even better if they move to his new home in Texas. 

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“She’s thriving, doing well in school, she has an amazing relationship with her brother and sister and Sandy,” Jesse testified on the third day of a hearing to determine whether he can move his 6-year-old daughter with Janine Lindemulder to Texas (via E! News).

“We’re getting to a point where we can live in peace,” James said. “[Moving] will only make things better.”

Jesse recently bought a nine-bedroom home in Austin, only 17 miles away from Sandra Bullock‘s home.

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And it sounds like Jesse believes the distance between Sunny and her mother would be better for her.

“I think she has yet to hit rock bottom and I fear [when she does] it will involve Sunny,” Jesse said of Janine, who was released from a halfway house on June 3 after serving time for a probation violation.

Since her release, Jesse said Sunny “acts out, she’s more agitated, she has sleeping problems. The more contact she has with her mom, the more fear she has to sleep in her own room.”

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But Richard Masson, Janine’s attorney, told E! News that Jesse is violating a 2-year-old custody agreement that states the two would resume 50-50 custody of Sunny upon Janine’s release.

“Janine would consider moving to Texas to be with her daughter, but she is definitely concerned about it,” Masson explained, “considering the problems she has dealt with in regards to custody here in California.”

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“Janine is concerned that if Sunny is faced with the choice of hanging out with Sandra Bullock [and] Louis at Mr. James’ mansion, or spending time with her mother in a less impressive environment, she may be left out,” Masson said. “She doesn’t have family, friends or a job in Austin. It’s something she is considering, but it is not an ideal situation.”

A ruling is expected to be made on Friday on whether Jesse will be allowed to move to Texas with Sunny, will have to leave Sunny with Janine in California, or have Janine move to Texas as well.

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