07/13/2010 AT 5:30 PM ET
But there’s a problem: An Orange County, Calif., judge has yet to decide in an ongoing custody trial whether to allow Sunny, 6, James’s daughter with ex-wife Janine Lindemulder to leave California, where Lindemulder lives.
“Jesse’s moving either way, and ideally Sunny is going with him,” James’s attorney John Schilling told PEOPLE outside the courthouse. “I think Sandra Bullock’s role is irrelevant here. Of course she has a lot to offer his kids so it’s a fringe benefit to bring them to Texas. But the focus in this case is Jesse and Janine as parents. Janine still has a lot to prove.”
James testified that Sunny visited him while he was in rehab in Arizona, and that at one point the child stayed with Bullock in Texas while he was receiving treatment. Sunny has phone conversations with Bullock “two or three times a week” and they sometimes have iChat conversations, he added.