Custody Battles

7:56 AM PT -- A source close to Jennifer says the singer would have no issue testifying in court because she has witnesses to back up her account of the altercation that went down the night before she filed the order of protection.

Further, the source says Jennifer would never make up something like this, and put her child through such an ordeal.

Jennifer Hudson dropped the protective order against David Otunga so she could avoid a courtroom grilling about the abuse allegations he's always denied ... at least that's how people connected to him see it.

Sources close to Otunga believe Jennifer was NOT being generous, or looking out for their son, when she dropped the order. If she didn't, she would have to show up in court and testify, under oath, to what she wrote in docs -- that she was in fear for her "physical and emotional safety and that of my son."

Our Otunga sources insist he did not behave threateningly toward David Jr. or Jennifer. They say she knows that, and that's why she dodged saying it on the stand.

As we reported, sources on Jennifer's side say she made the move in the best interest of their kid ... avoiding a messy court battle.

One source connected to David says Jennifer simply didn't expect him to defend himself so vigorously -- and she had to back down or admit David was right ... he was NOT a danger to her or their child.

Jennifer Hudson agreed to let David Otunga see their son again, but only because he's out of her house and no longer a physical threat to her ... according to sources connected to the singer.

The sources say Jennifer dropped the restraining order keeping Otunga away from 8-year-old David Jr., purely in the child's best interest. Although Jennifer's restraining order docs say, "I am now living in fear for my physical and emotional safety and that of my son" -- we're told she was referring to emotional scarring David Jr. would suffer if he saw his father threaten his mother.

She never accused Otunga of physically threatening their child. As we reported, Otunga's been removed from their home, and as a result, we're told Jennifer's satisfied as the emotional risk to their son is no longer present.

As for who's been the child's primary caregiver -- our Jennifer sources say she's always made mothering her top priority, even while working to support the family.

When she first went to London a year ago to shoot 'The Voice' ... she not only brought Otunga and David Jr., but she also paid Otunga's mom to tutor her grandson. She did the same during her 6-month Broadway run in "The Color Purple."

On the issue of custody going forward -- as we reported, David Jr. is with his father right now while Jennifer works in London. However, sources on her side stress David hasn't won anything. The judge hasn't ruled on custody yet, and neither parent's been deemed "primary" caregiver.

Mel B and Stephen Belafonte have struck a deal in their bitter divorce war ... but a judge still has to sign off on it to make it official.

In legal docs obtained by TMZ ... Mel and Stephen struck a deal on November 8 and agreed to the following:

-- Stephen will destroy any compromising videos of Mel

-- Stephen gets spousal support for the next 3 years but the amount listed in the docs has been redacted

-- Neither will pay child support but will share joint legal custody of 6-year-old daughter Madison

-- Stephen and Mel agree to a schedule for sharing physical custody

-- Stephen gets access to the family house to retrieve personal belongings, including childhood photos, clothing and artwork

-- Sell the house and divvy up the profits

TMZ broke the story ... the deal comes on the heels of Mel and Stephen settling the domestic violence portion of their nasty divorce.

Daivd Otunga just won a big legal victory in his custody battle with Jennifer Hudson ... he gets their son for Thanksgiving.

TMZ has learned both sides squared off in court Tuesday and David made his case to spend the holiday with 8-year-old David Jr. TMZ broke the story, cops threw David out of the family home after Jennifer got an order of protection claiming she was afraid David would hurt her and her son. David says she's lying and vengeful because they were at an impasse over custody.

We've learned, according to the new order, David Jr. will be with his dad from Thanksgiving day at 3 PM to 7 PM the following day.

There's a hearing set for Monday where David will ask the judge to vacate the order of protection.

We're told David will also ask the judge on Monday to give him temporary custody of David Jr., claiming he's the primary caregiver. He also wants possession of the residence -- where he pays rent -- during the 2 weeks she'll be traveling for work -- between November 26 and December 8.

Tyrese may have regained 50/50 custody of his daughter, but turns out there were strings attached.

The judge issued a series of conditions, including:

-- Neither Tyrese nor Norma Gibson can use corporal punishment in disciplining 10-year-old Shayla.

-- Tyrese must take parenting classes focused on appropriate disciplining of his daughter.

-- Both Tyrese and Norma must enroll in "high conflict parenting classes."

-- Tyrese and Shayla must enroll in joint therapy with a psychologist. Shayla must also undergo individual counseling.

According to the order, Tyrese has Shayla for both XMAS and New Year's -- and all of his visits with her must be spent in Southern California ... until April 30.

As we reported, Norma claimed Tyrese brutally disciplined their daughter, but the judge didn't buy it.

Tyrese just scored a big victory in court after a judge denied his ex's request for a permanent restraining order which would have severely restricted the actor's access to his daughter, Shayla.

The judge ruled Tyrese and Norma Gibson will get 50/50 joint custody beginning in January. Until then, we're told both sides have worked out a visitation schedule that will allow Tyrese to see Shayla over the holidays.

After court, he didn't have much to say about the ruling ... but made it clear he will eventually.

As we reported ... Norma claimed Tyrese physically abused the 10-year-old, claiming he beat her 12 to 16 times. Tyrese says he only struck her once on the bottom, and that Norma is simply vengeful.

Over the course of the 3-week court battle, Tyrese has posted multiple videos chronicling his own personal turmoil.

Tyrese had an online meltdown that he blamed on a Rx drug he was taking for depression.

He also claimed Will Smith and Jada Pinkett Smith gave him $5 million to dig himself out of a financial hole, but that turned out to be false.

Nonetheless ... the restraining order is now history, opening the door to a renewed relationship between father and daughter.

Jennifer Hudson played super dirty by sneaking into court to get an order of protection against baby daddy David Otunga to get a leg up in their custody dispute ... so claims Otunga's lawyer.

Attorney Tracy Rizzo just filed legal docs asking the judge to throw out the order of protection a judge granted Thursday, forcing Otunga out of the family home and requiring him to stay clear of Jennifer and their 8-year-old son, David Jr.

Rizzo says she and David were blindsided by the order of protection and Hudson's lawyer never gave them any notice of the hearing. She says Hudson's endgame was to "gain an unfair advantage" in their custody negotiations which reached an impasse Wednesday, trying to make David look like the villain.

In the new docs, David is clear ... "All of the allegations ... are false. I have never physically pushed J. Hudson or in any other way harmed or threatened J. Hudson or our son."

Rizzo wants a hearing next Tuesday to vacate the order of protection, and David wants to be with his son for Thanksgiving.

David claims he's been the primary caregiver of David Jr. since birth. Jennifer says she's been the primary caregiver.

Tyrese Gibson will finally find out today if the restraining order that's keeping him from his daughter will be lifted -- but on his way into court Friday he didn't sound horribly optimistic.

The operative words he used as he arrived at court ... "sacrificial lamb" ... and it was clear he thinks that's what he's going to be when the judge rules. He also went off about the medication he was prescribed ... which he blames for his recent emotional outbursts on social media.

As for what's happening in court ... the judge has dropped the restraining order keeping Tyrese away from his ex-wife, Norma Gibson. But what matters most to him is whether he gets to see his daughter, Shayla.

Stay tuned for that ruling ...

Jennifer Hudson is dreaming when she says she's the primary caregiver of 8-year-old David Jr., and she's lying when she says her baby daddy was physically abusive ... so says baby daddy David Otunga.

, in which David "denies each and every allegation" Hudson has made against him. TMZ broke the story, cops removed David from the family home Thursday night after Jennifer got an order of protection claiming David was a threat to her and their child.

Otunga's lawyer says the breaking point was Wednesday night, when Jennifer brought the 8-year-old to their recording studio until 12:30 AM. David felt it was irresponsible, especially since it was a school night.

The statement goes on to say "At no time did Mr. Otunga 'physically push' Ms. Hudson as she has alleged."

As we reported, we're told David broke up with Jennifer several months ago after he confronted her and claimed she was cheating on him. The 2 tried reaching a custody arrangement but negotiations broke down Wednesday.

David says he's been their child's primary caregiver since birth because Jennifer's on the road a lot, and he scoffs at her new claim in legal docs that she's the primary caregiver.

David's lawyer says they're going to court to undo the order of protection so he can spend Thanksgiving with his son.

Jennifer Hudson and fiancé David Otunga have split after nearly 10 years -- and Jennifer was granted a restraining order -- but David's attorney says it's only because Hudson's afraid to lose their kid.

Otunga's attorney, Tracy Rizzo, tells us, "David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now. However, when it became apparent to Ms. Hudson that Mr. Otunga would be the parent granted residential care of the child, as a result of Mr. Otunga being the child's primary caregiver while Ms. Hudson pursues her career all over the world, Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute."

Rizzo continues, "As a result of Mr. Otunga's career in the WWE, Ms. Hudson felt that she could give an award winning performance in court to portray herself as the victim. Mr. Otunga has never abused or harassed Ms. Hudson or their son."

In a statement to People, Hudson's rep says Jennifer requested the protective order, "in the best interest of their son." The statement never accuses Otunga of getting physical with Hudson, but we're told Otunga wanted to make it clear, he never touched her.

Jesse Williams scored a victory in his child custody dispute with his estranged wife, Aryn Drake-Lee -- he's going to begin having overnight visits with his kids.

According to a new order in the case, Jesse will get their kids overnight if his scheduled visit with them falls on a weekend. In other words, Friday and Saturday night PJ parties at Dad's place!

In the docs, the exes also spell out a bunch of other terms:

The lawyer for Tyrese Gibson's ex-wife, Norma, just told the court it's essential for the judge in their custody war to demand a mental evaluation of the actor in light of recent, bizarre actions.

Attorney Aleen Khanjian was referring to the various videos Tyrese has posted, referencing Norma and Shayla.

Khanjian also mentioned in court a court-appointed evaluator has referred to Tyrese as having a "mental illness."

Norma is going for a permanent restraining order against Tyrese and she argued Tuesday he's violated the temporary order by posting videos talking about 10-year-old Shayla.

The judge did not order a mental evaluation ... at least not yet.

Tyrese Gibson was cornered in a courthouse hallway Thursday by 4 bailiffs who fully patted him down ... this after Tyrese exhibited emotional/irrational behavior on video Wednesday.

Tyrese showed up at the downtown L.A. Courthouse for the custody case that has been going on for more than a week. His ex, Norma Gibson, is trying to get a permanent restraining order against him which would block Tyrese from gaining custody of their 10-year-old daughter, Shayla.

We're told the bailiffs -- all of whom work for the L.A. County Sheriff's Dept. -- were concerned that Tyrese might actually bring a weapon to court, so he was pulled aside in the hallway and given the pat down.

Tyrese told the bailiffs, "Yes, I understand" when they told him they need to do the security check.

Tyrese is coming apart at the seams over his legal battle to see his daughter, and he recorded an emotional breakdown hours before heading to court.

Tyrese posted this video where he just loses it, saying he's been away from 10-year-old Shayla for too long -- 2 months -- and begging his ex-wife, Norma Gibson, to drop her fight for a restraining order against him.

He also said he has millionaire and billionaire friends who just aren't showing up to help him in his time of need. Tyrese references the fact that much of the court proceedings have been sealed from the public. He says no one is hearing his pleas to see his daughter because they're not in court.

Shayla's nanny is expected to wrap up testifying Wednesday afternoon when the restraining order hearing resumes.

Katherine Jackson is bowing out of the guardian biz when it comes to Michael Jackson's youngest child, Blanket.

According to docs filed by Katherine ... there's no longer any need for her to be the 15-year-old's guardian. Katherine had been appointed joint guardian -- along with TJ Jackson -- of all 3 of Michael's kids in 2012.

Both Paris and Prince are adults now, but Katherine says because Blanket has reached his adolescence ... TJ can handle guardianship on his own. She also points to her own age, 87, as a reason she's stepping down.

Worth noting ... Katherine had not seen her grandchildren for several months earlier this year. It's still unclear how much contact she's had with MJ's children.

A judge still needs to approve Grandma Jackson's request.

Jeremy Meeks is an absentee father whose success as the so-called "Hot Felon" went straight to his head ... so claims his estranged wife.

Melissa Meeks filed docs demanding child and spousal support, as well as sole legal and physical custody ... claiming Jeremy sees their 7-year-old son "maybe 2 days a month."

In docs obtained by TMZ, Melissa says Jeremy "basically lives as a playboy with a rich girlfriend" ... TopShop heir Chloe Green. Melissa claims he drives a $150k car and has lots of jewelry now.

She doesn't list how much she wants in support because "I am not yet sure of his income, but I am sure it is more than mine."

She says Jeremy's "success went to his head and he left us." As we reported ... he filed docs back in July to separate from Melissa after 8 years. He filed for divorce in October.