Charlie Sheen Granted Emergency Order to Get Sole Custody of Twin Sons, 14, If Brooke Mueller Fails Drug Test

The actor, who has been sober for six years, worries about his teen twin sons as ex Brooke Mueller allegedly struggles with addiction

<p>Getty</p> Charlie Sheen (L), Brooke Mueller (R)


Charlie Sheen (L), Brooke Mueller (R)
  • Charlie Sheen and Brooke Mueller have agreed to protections for their twin sons, Max and Bob, amid her struggles with addiction

  • Sheen will obtain sole custody of his 14-year-old twins in the event of Mueller's relapse, per court documents obtained by PEOPLE

  • Sheen and Mueller have co-parented the twins since they split in 2011

Charlie Sheen is taking steps to protect his sons.

In an ex parte motion filed Thursday, the Two and a Half Men actor, 58, laid forth new stipulations around child custody — previously agreed to in formal documents filed in November 2022 and August 2023 — involving ex-wife Brooke Mueller's sobriety.

In documents obtained by PEOPLE, Sheen requests that the court sign and enter the two documents, which lay out rules previously agreed upon by both parties, without legal response from Mueller, 46.

The former couple, who split in 2011, share 14-year-old twin sons Max and Bob. Documents explain that the pair agreed that Sheen would get sole custody of the boys should Mueller relapse, first signing off on this provision in 2022. In the summer of 2023, Mueller allegedly relapsed, triggering the second filing.

The papers state that in the event of Mueller's relapse, there would be an "immediate reversion of sole custody and sole physical custody to [Sheen]."

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<p>Chelsea Lauren/WireImage</p> Charlie Sheen with sons Max and Bob in 2011

Chelsea Lauren/WireImage

Charlie Sheen with sons Max and Bob in 2011

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The agreement states that the two will "continue to enjoy joint legal custody" unless Mueller tests positive for drugs and alcohol or otherwise relapses. At that point, Sheen would have sole custody "until further court order or written agreement of the Parties," and this could happen on as little as 48 hours' notice.

The two also share physical custody of the boys, though the paperwork sets for that "the minor children's primary residence will be with [Sheen]."

"Brooke shall enjoy reasonable and flexible periods of custody and visitation as agreed and arranged between the Parties, recognizing the goal of frequent and continuous contact between the minors and both parents."

The agreement also says Mueller will undergo drug and alcohol testing weekly at minimum, as well as "as often as required by her probation officer" or "within 24 hours of a written request (email or text) from [Sheen] or his attorney," which they have the right to continue until the twins turn 18 or graduate high school (whichever is later).

Termination of custody for Mueller in the event of a positive test would be "immediate," with a missed test counting as a positive test.

The documents also state that the actor, who recently celebrated six years of sobriety after his own struggles with drugs and alcohol, is currently paying Mueller's rent and will continue to on condition of her sobriety, though he will not serve as a co-signer on any new real estate moving forward. In the event of relapse, Sheen reserves the right to terminate all financial support of Mueller, leaving her responsible for any costs of securing a new residence.

Reps for Sheen and Mueller did immediately respond to PEOPLE's request for comment.

David Crotty/Patrick McMullan via Getty Brooke Mueller with sons Max and Bob in 2016
David Crotty/Patrick McMullan via Getty Brooke Mueller with sons Max and Bob in 2016

Speaking with PEOPLE last month, Sheen talked about doing "single dad stuff" as he enjoyed his time with his teen sons.

"I've mostly been raising my 14-year-old boys," he said at the time. "Their mom has been trying to figure some stuff out on her end, so she's not in the picture too much right now."

He added the kids are doing great. "They're really cool, really smart, and really funny."

A rep for Mueller declined to comment when reached by PEOPLE.

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