09/23/2008 at 01:55 PM EDT
ex-husband Phil Bronstein has "permanent sole physical custody" of her their 8-year-old son, Roan, according to court papers.
A Superior Court judge found that the boy, who is living with his father in the Bay Area and attending school there, will remain with Bronstein unless Stone, who lives in L.A., relocates to San Francisco or Bronstein decides to move, according to minutes from a Sept. 12 custody hearing.
"The court does not find that (a) move away is in child's best interest," say the minutes. "Court finds that (Bronstein) can provide a more structured continuity, stable, secure, and consistent home that child, Roan, needs. (Bronstein) shall have permanent sole physical custody of child."
Stone, however, "shall have access to child," the minutes say, and her phone number "shall be programmed into the child's telephone and home phone."
Stone's lawyer, Marty Singer, says that contrary to the wording in the minutes, Stone still has joint physical custody of Roan, and that the court only denied her request to allow Roan to attend school in Southern California, where Stone lives with her two other children, instead of San Francisco.
"The court order of 2007 provided that Roan was to go to school in San Francisco. Sharon went to court to try and modify the existing order," Singer says. "She wanted the court to modify the order so her child could go to school in Los Angeles. But the court felt that, for whatever reason, that she did not meet a burden to move him out of San Francisco during the school year."
Singer adds: "She thought it was best at this young age that she had these two younger children to have her older son be with them and the court didn't want to modify the order. She loves her son and felt it would be better to have her child in Los Angeles."
Bronstein, 57, and Stone, 50, married in 1998. They adopted Roan
and divorced in 2004
Bronstein filed for joint custody after the divorce. A court order in October states Stone and Bronstein would share legal and physical custody of Roan.
The custody matter was first reported by Entertainment Tonight
2005: Sharon adopts her second son Laird!
1998: Inside Sharon & Phil's Valentine's Day wedding