Rep. Max Miller & Ex-Wife Hurl Accusations of Neglect in Child Custody Battle

Ohio Congressman Max Miller is in the middle of a nasty divorce with Emily Moreno … and TMZ DC has learned police are investigating a severe injury to their child.

According to the publicly filed court docs obtained by TMZ DC, Miller -- who's been in Congress since 2023 -- filed for divorce from Emily in August 2024, ending their 2-year marriage. The exes have a 2-year-old daughter.

According to the divorce settlement, Max and Emily -- daughter of freshman Senator Bernie Moreno -- have joint custody, and he was ordered to pay her $2,500 per month in child support.

Things took a turn on March 4 when Emily filed docs requesting a change in the custody arrangement, because, as she puts it ... Max "regularly speaks to me in an inappropriate, aggressive and demeaning manner, which is not in the best interest of our child."

She adds, "[Max] has conducted dangerous physical behavior in the child's presence. I do not believe it is in our child's best interest for [Max] and me to jointly make a decision for her. I fear that attempting to make joint decisions -- and the lack of cooperation from [Max] in doing so -- will cause direct harm to [their child]."

In response, Max asked the judge to order psychological evaluations for Emily and himself ... in order to help the court determine who should have custody -- and claimed Emily's behavior has "become increasingly confrontational, irrational and somewhat bizarre."

In the docs, he accuses his ex of making false accusations against him to the Bay Village Police Department and to the Cuyahoga County Department of Children and Family Services. He claims Emily "repeated and unsubstantiated allegations of abuse of the parties' minor child against [him]."

Miller detailed that alleged abuse in a March 13 declaration, in which he informed the court their daughter suffered a broken collarbone and bruised shoulder, which prompted a DCFS investigation. Miller says he was "apparently cleared" in that investigation ... which he says included police making sure he had properly installed a child car seat.

Rep. Miller is also claiming their child suffered an injury to her hand while in Emily's care, which was not disclosed to him ... and that Emily falsely accused him of physically attacking her during a custody exchange.

For her part, Emily insists their child suffered the broken collarbone while in Max's custody ... and she "unequivocally" stands by the claim Max got physical with her during that parenting transfer.

The judge has yet to rule on changing their custody arrangement, and the Bay Village PD says it has an active investigation regarding "suspected child abuse."

Emily's attorney, Andrew Zashin, tells TMZ ... Miller's "entirely false allegations against his ex-wife concerning their daughter were thrown out of court. These baseless claims are nothing more than a cynical attempt by Mr. Miller to weaponize the legal system against his ex-wife, a strong, loving mother who refuses to submit to his coercive control."

He adds, "Mr. Miller lives off a trust fund and has a well-documented history of using his wealth, lawyers, and the courts to bully his enemies. Ms. Moreno will not be intimidated or silenced. She is fighting back aggressively and has already prevailed. Mr. Miller's self-described army of lawyers were forced to walk back sworn statements he made under oath, further proof that his attacks were reckless and unfounded."

Most bitingly, he says, "If Mr. Miller is looking for an individual with abusive behavior, he should look in the mirror and past the veneers."

Rep. Miller's attorney says, "The only person who has been granted a restraining order by a court of law is Rep. Max Miller. The evidence brought against his ex-wife Ms. Moreno was enough to convince a judge that she was a threat to the Congressman. Ms. Moreno is unfortunately using TMZ's new position as journalists on the Hill to force the Congressman out of his seat. These allegations are false, and neither Ms. Moreno, nor anyone else, has been able to bring forward any evidence against Congressman Miller."

The statement goes on to say 2 false allegations against the Congressman were made to Child Protective Services ... with one resulting in a settlement by the child's daycare facility, after video showed a daycare staffer caused the child's injury.

The second allegation, filed by a hospital, resulted in the judge issuing a restraining order against Moreno because of "proven false allegations."