Brooke Mueller isn't fit to get her kids back in the foreseeable future ... this according to Children Services, and TMZ has learned a court fight is underway.
Sources close to the situation tell us, Mueller wants her kids back when she leaves rehab -- probably in 60 days. But officials from the L.A. County Dept. of Children and Family Services have had it with Brooke's proclamations that she's cured -- something she's said after each of the nearly 2 dozen times she's relapsed.
Four-year-old twins Bob and Max are currently under the temporary custody of Denise Richards, after a judge ruled she's the one who can best care for the kids.
We're told Children Services has filed legal docs trying to block Brooke's attempt to get her children back when she comes back home. DCFS wants the status quo ... so Brooke can be monitored to determine that she's a fit and sober parent. And we're told DCFS thinks proof of Brooke's sobriety will take a long time.
You'll recall ... just before entering Betty Ford, Brooke was placed on an involuntary psychiatric hold after authorities found she was completely out of it, and apparently on drugs, while her kids were in the home.
As for Charlie Sheen -- we're told he's 100% on board with DCFS.