LOS ANGELES — Actor Charlie Sheen has been granted sole custody of his 14-year-old twin sons, whom he shares with ex-wife Brooke Mueller, if she fails a drug test, according to a Los Angeles County Superior Court order.

The former couple agreed to the conditions out of court in November 2022 and August 2023. On Thursday. Sheen asked the court to rule on an ex parte motion, mentioning in it that he doesn’t believe she “will oppose the request for temporary emergency orders.”

It’s not clear what prompted the ex parte motion, which was filed and granted Thursday. An ex parte motion is one that can be granted without the response of the other party, in this case Mueller.

A representative for Mueller declined to comment on the matter, and a lawyer for Sheen said his client had no comment.

For now, the former couple have joint legal custody of their sons, but their primary residence is with Sheen, according to the documents. Mueller will immediately lose custody and visitation if she tests positive for drugs or alcohol.

Charlie Sheen and his wife at the time, Brooke Mueller, arrive at the Emmy Awards in 2009.Chris Pizzello / AP file

Documents filed in November 2022 stipulate that Sheen, the “Two and a Half Men” actor, would immediately be granted sole custody of the children, Max and Bob, if Mueller tests positive for drugs or alcohol “or otherwise relapses” until further a court order “or written agreement of the parties.”

“Brooke shall test for drugs and alcohol as often as required by her probation officer, within 24 hours of a written request (email or text) from Charlie or his attorney, and at a minimum of once per week regardless,” the 2022 and 2023 documents say.

Mueller allegedly relapsed last summer, according to the August document related to the previously-agreed-upon child custody orders.

Sheen and Mueller finalized their divorce in 2011.

Both actors have struggled with addiction.

Sheen has spent time at rehab centers and has a legal history of arrests in domestic violence cases.

In 2011, a Los Angeles judge issued an order removing his twins, who were 2 at the time, from his home after Mueller raised allegations of violence.

In 2012, Mueller was sentenced to a year of probation after she allegedly roughed up a woman at a nightclub in Aspen, Colorado, and officers reportedly found she had several grams of cocaine. She was able to avoid jail time following an intensive inpatient rehab program, and she pleaded guilty to a drug possession charge in exchange for having the assault charge dropped.


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