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Pete Wentz and Ashlee -- Custody Battle Underway

3/8/2011 4:33 PM PST BY TMZ STAFF

Pete Wentz does NOT want his soon-to-be-ex wife Ashlee Simpson to get primary physical custody of their 2-year-old son Bronx -- as she's requested -- and now he's taking her on in court ... TMZ has learned.

0308_pete_ashley_divorce_EX_launch

Wentz just filed legal papers in response to Ashlee's divorce petition ... asking the judge for JOINT physical and legal custody of their son.   In her divorce petition, Ashlee checked the box that indicated she wanted primary physical custody.

According to the docs, filed in L.A. County Superior Court and obtained by TMZ, Wentz also wants each party to pay their own legal fees ... even though Ashlee asked the court to make Pete foot the bill for both sides.

And while Ashlee didn't specify the official break-up date in her papers -- Pete says the two called it quits on Feb. 9 ... just days after Pete came home from a wife-less trip to Dallas for the Super Bowl.

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52 COMMENTS

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16.

HarlotO'Hara    

why not joint custody? when the little boy is school age they should have to live close enough so he could go to the same school.

1292 days ago
17.

Thomas    

Sad. they were the perfect couple...Both retards.
they should have not been allowed to have children.

1292 days ago
18.

kim purdy    

Is Charlie napping???? Why do we care about this crap????

1292 days ago
19.

Jenn    

What's with these retarded women(Halle Berry, Ashlee S.) who choose a good man to have a child with and then are all shocked that the father wants partial custody??? They are so selfish. Go Pete and Gabriel!

1292 days ago
20.

Whip It    

fyi:
fame hoe's trying to get on the Charlie Sheen "gravy train"
here is what these trolls posted on their tweeter.


http://twitter.com/#!/teganandsara

Fri is Worldwide Unfollow Charlie Sheen Day. Why not do it today for Intl Women's Day? No celebrating domestic abusers! http://bit.ly/i62Tw

BUT BLACKLISTING SOMEONE IS B.S
Teagon and Sara you must B jealous of charlie's #winning ways. :P

~whip it

1292 days ago
21.

Brian B.    

Hey I heard that Pete Wentz might actually be gay...So Ashlee should RUN FOR THE HILLS.

1292 days ago
22.

Tammy    

I don't see anything wrong with him wanting joint physical and legal custody. However, since she's the one who wants the divorce, I think she should pay for his legal fees as well.

1292 days ago
23.

Crystal    

Someone has to have primary physical custody even if they have joint custody. I mean unless you split it right down the middle with each getting 3 1/2 days a week someone will have primary physical custody.

1292 days ago
24.

mija    

And with all his touring and making music, where will the kids be? Seriously, is he thinking this over?

1292 days ago
25.

REALbarbwire7    

The fact that she wants custody (typical), and he wants joint custody pretty much says that they just want to be with their child as much as possible. It seems like they are both good parents. Unless there is a reason not to, the courts usually award joint custody. I'm guessing that Ashlee might want to move, so she would want to be free to take their son. It's never fair, but you gotta put the kid first. At least he's loved on both sides.

1292 days ago
26.

R.Zimmerman    

Give the kid to some normal family where it can get a real name.

1292 days ago
27.

Kim    

Why in the world do these people in Hollywood get married and have kids in the first place? Their marriages and even relationships NEVER work out.

1292 days ago
28.

Mel    

Is he part Native?

1292 days ago
29.

Cartman    

What a nasty chick. Since she filed for divorce she should at least pay for her own legal bills. And custody should be joint, duh.

1292 days ago
30.

karri    

OK. Ashlee, you need to stop listening to your dad and your lawyers right now. There is absolutely NO reason that this needs to take place. 50-50 custody and each pays for their own attorney and get this done. NO DRAMA for your kid's sake. This is just a ridiculous waste of the Court's time. It's time you both started acting like adults..

1292 days ago
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