Not all has been bad this week for Jesse James, who confirmed his split with Kat Von D on Monday. The motorcycle mogul, 42, was awarded sole custody of his daughter Sunny, 7, in an Orange County, Calif., courthouse on Monday, following a several-years-long acrimonious court battle with Sunny's mother Janine Lindemulder. James's attorney John Schilling tells PEOPLE that if Lindemulder chooses to relocate to Texas to be near Sunny, she'll be ordered to inpatient rehab. If she remains in California, she'll only get monitored visitation of her daughter. "Jesse feels vindicated," Schilling says. "This is what he's been claiming all along, that Janine needs therapy." Lindemulder's attorney didn't immediately respond to calls for comment.