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Charlie Sheen Moves for Full Custody of Twins

4/18/2011 2:58 PM PDT BY TMZ STAFF

Charlie Sheen is declaring legal war on Brooke Mueller and will not only ask a judge for full custody of their twins, he wants to cut off the child support he's paying her.

0418_brook_mueller_2_CHARLIE_EX

TMZ has learned ... Charlie's lawyer, Mark Gross, just gave Brooke Mueller's attorneys notice -- he's going to court tomorrow in an attempt to change the custody arrangement.

Gross will ask the judge to strip Brooke of both legal and physical custody, on grounds she has relapsed and went back into rehab.

And, if the judge does give Charlie full custody, Gross wants the judge to terminate Charlie's obligation to pay Brooke $55,000 a month in child support -- since she would no longer be incurring those expenses.

We've also learned Brooke's lawyers are planning their own offensive, asking the judge for full custody.  And, Brooke's lawyers want Charlie to be psychologically evaluated.

226 COMMENTS

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91.

squeeky    

Where is Charlies MOTHER? Does she live under a rock?
We have seen nothing of her, during Charlies' mess,
and now her GRANDCHILDRENS mess. Is she afraid if she
opens her mouth, she won't get any more money? SHAME
on her and Martin Sheen. Brooks' mother has been taking
care of these kids, and dealing with that selfish coke head
daughter of hers. She should not have to do this alone.
These babies need to be given to a mature, loving family,
and if Charlies won't step up, then foster care, and
STRIP all parental rights from wack job Charlie and drug
head Brooke. They do not DESERVE these children. They are
both too selfish. We know Brooke can't do it..when they
need her the most..she gets high. What losers!

1233 days ago
92.

Sonja    

What judge is going to give HER full custody when she's the one who didn't stick to the agreement? Say what you want but I've heard nothing of Charlie dirty testing or refusing to test. He should definitely be required to hire a Nanny or two though.

1233 days ago
93.

Carl    

They are starting to make Michael and Dina Lohan look like parents of the year!

1233 days ago
94.

ksis    

@angeleyes

How? First of all, I have eyes and I can see how he is acting.
Second, he says he hasn't touched alcohol, because if he did he would lose the chance to see his kids. His words. Has anyone proven that he was LYING? No. So how come I shouldn't give him the benefit of the doubt?
He has passed couple of tests, which included testing for alcohol. Using his words...Scoreboard doesn't lie. We all have seen the results, and the last one was just before he embarked on his tour. 100% clean.
Third...Do you think that if he as much as licked a glass that contained alcohol, TMZ and other trashy sites wouldn't do what they have done with Brooke?? Please. LOL Do you think BROOKE and her lawyers wouldn't immediately find out? Another PLEASE.
Fourth...Oh wait...I don't need FOURTH. ;)

Smoking? Are you kidding? So what that he is smoking? He shouldn't get the children back because he is freakin smoking? LOL

1233 days ago
95.

Kathy    

I hope Charley wins this battle.

1233 days ago
96.

ksis    

@Sonja

Unfortunately judges tend to look at women as those that are somehow entitled to have the kids and should be treated as some damn victims, no matter if they deserve it or not.

1233 days ago
97.

jacksonfive210    

angeleyes how do u know charlie isnt clean im sure if he was using someone would of told on him and reported to tmz brooke got caught im sure charlie would of been caught if he slips alittle bit people like to talk

1233 days ago
98.

kat    

Both of these don't deserve to be parents. Those kids deserve much more than what they are getting.

1233 days ago
99.

QE2    

If Brooke is using and was filming a reality show, and was in day rehab, she probably wasn't the primary care-giver for the boys. From what I understand, Brooke's parents have been primairly caring for them. If that's true, then the kids should stay with them in order not to disrupt them anymore. When CS gets off the road, they should split the time and everyone make major effort to get along.

I don't think that CS trying to get permanant full physical and legal custody represents good parenting, unless he plans plenty of visitation from the mother. Kids need both parents. The woman has a disease and the kids do need to be protected, but kids still need the presence of their mother if at all possible.

Regarding the money, CS has plenty of it. Maybe cut the payment, but he should be sure his kids have a decent place to stay when they visit their mom. It's just the right thing to do. For the kids sake, not Brooke's.

1233 days ago
100.

jacksonfive210    

idk why yall are bitching about him not being tested he gets tested just as much they are random test so they can happen every few weeks but they both get tested the same amount of times there random so they both dont know when they are comming which is smart brooke just got caught.

1233 days ago
101.

okay    

It's sweet and Denise is a great mom but the boys don't know her. At least they know and love their dad. It certainly is not Denise's fault that Charlie has no relationship with her girls though. Denise, the girls and Charlie were together on a family outing in New York when he blew it by going crazy in that hotel room and then not long after he went on a bender and then not long after went on tour and on that tour he has publicly defamed Denise, which shows he doesn't think much of his little girls feelings.

1233 days ago
102.

Deb Colorado    

Social services works hard to keep children with family members if possible. If Charlie is staying clean and doing random UA's to prove that, then SS will most likely place the kids with him under a close eyewatch.

1233 days ago
103.

jacksonfive210    

QE2
charlie has the disease too and no one is cutting him any slack why should brooke get slack I mean come on

1233 days ago
104.

jacksonfive210    

ksis
I agree

1233 days ago
105.

Lagoon    

I had a job at a convenience store a few years ago. A regular customer who was a successful businessman told me he was going to rehab, because he was spending $1,000 a day on crack. (I thought it was because of all the alcohol he bought at the store.) I don't know if Brooke has to account for her child support or not. I would think she does, but if she's doing illegal drugs, she should not be allowed to misuse those funds to support her habit. Even if she gets to keep the kids, someone else (if not already) is going to have to manage the money. ps: that man moved to the next city where he ended up getting murdered.

1233 days ago
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