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According to court documents filed in San Diego, Calif. on Friday, Modica is seeking temporary and legal custody of the couple's 5-year-old son, Avery, reports UsMagazine.com.
Although the judge reportedly denied Modica's request late Friday, the court documents revealed some surprising details about his tattooed ex-wife.
"I need protection for my son," Modica states in the documents. "If [Michelle] sees Avery, she will bring these curiosity seekers and glory hounds down on herself and Avery, totally confusing and frankly scaring him."
McGee reportedly called her ex-husband on Thursday and told him that she planned to "hide out" from photographers.
Fearing that McGee may take their son and flee to Australia to see an alleged boyfriend, Modica also asked the court that child visitation arrangements be modified.
In the court documents, Modica went on to accuse his ex-wife of falling "more into stripping, pills, alcohol" over the years, as well as exposing their son to her X-rated "performances" in their home.
"There have been pornographic shoots there and live web cam pornographic broadcasts from her home," he claims. "I will not continue to expose him to the kind of life Michelle desires and seeks: full on, pornographic, party all the time."
Modica charges that McGee, who he refers to as a "stripper and pornographic performer," is mentally ill and refuses to take prescribed medication for bipolar disorder.
Her home is furnished with "coffins in the living room and child block magnets on the refrigerator that spell out 'White Power,'" Modica states.
He also alleges that McGee, who has an older son from a previous relationship who is Jewish, "thinks it's funny that she makes the Nazi salute."
He adds that Avery becomes disturbed when he is told to visit his mother's house, claiming that "he fights me violently, and screams, yells, cries and begs not to go."
"She moves around a lot and takes Avery with her without telling me," Modica writes. "She has enrolled him in various schools without consulting me."
According to earlier court documents, McGee refuted her ex-husband's allegations, claiming that she spends quality time with her sons and is not doing drugs. She stated that she does not expose her kids to the racy material she calls "artistic nudes."