Earlier this month, we reported that Charlie Sheen and ex-wife Brooke Mueller had reached an agreement regarding custody of their twin toddlers. Just this past weekend, however, Mueller reportedly relapsed in her battle against drug abuse and was discovered trying to pawn jewelry for extra money.

She refused to take a drug test as required by the former couple’s settlement agreement. Refusal of testing, under the agreement, is akin to failing the test. Mueller has now reportedly gone back to rehab.

Sheen will head to court tomorrow morning to ask a judge to modify the current child custody order, giving him sole legal custody and sole physical custody of twins Bob and Max due to Mueller’s current unfitness to parent. He will apparently also seek a motion to modify child support, ceasing his obligation to pay child support to Mueller (currently set at $55,000 a month).

Sheen, of course, is currently touring the country, giving live “performances”. He will reportedly also ask the court to allow him to take his sons with him during the final two weeks of his tour. Removal of minor children from the jurisdiction generally requires approval and consent of the other parent or of the court.

Media report that Mueller’s attorneys will also seek sole custody of the children, requesting a full psychological evaluation of Sheen based upon his public behavior over the past months.

If Mueller and Sheen are not able to come to an agreement this time, it would not be surprising to see the judge order psychological evaluations of each parent as part of a full custody evaluation. Each parent has had drug issues in the past and each has exhibited erratic behavior recently. As far as a temporary custody order, it will be interesting to see what happens (especially in light of the fact that the recent custody agreement required both parents to have nannies present and helping at all times that the children were in their custody).

UPDATE: Both Sheen and Mueller showed up in court where the judge declined to modify the existing custody order (established a few weeks ago after they reached an agreement). The kids are apparently being cared for by Mueller’s mother, subject to visitation by each parent (who are still required to take regular drug tests).

Library Topics: custody, settlement agreement, sole legal custody, sole physical custody, motion to modify child support,  removing child from jurisdiction, custody evaluation, modify child custody order

See Also:

• Charlie Sheen and Brooke Mueller Reach Custody Agreement
• Charlie Sheen, Brooke Mueller Divorcing