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

• Charlie Sheen and Brooke Mueller agreed to protect their twin sons, Max and Bob, amid her battle with addiction
• Sheen will get sole custody of his 14-year-old twins if Mueller’s illness returns, according to court documents obtained by PEOPLE
• Sheen and Mueller have been parents to twins together since divorcing in 2011

Charlie Sheen is taking steps to protect his sons.

In an ex parte motion filed Thursday, Two and a half Men actor, 58, outlined new child custody arrangements — previously agreed upon in official documents filed in November 2022 and August 2023 — that include ex-wife Brooke Mueller’s sobriety.

In documents obtained by PEOPLE, Sheen is asking the court to sign and enter two documents, which lay out rules previously agreed to by both sides, without a legal response from Mueller, 46.

The former couple, who split in 2011, have 14-year-old twin sons Max and Bob. The documents explain that the couple agreed that Sheen would get sole custody of the boys should Mueller fall again, first signing the stipulation in 2022. In the summer of 2023, Mueller allegedly returned, prompting a second filing.

The newspaper states that in the event of Mueller’s illness again, there would be an “immediate restoration of sole custody and sole physical custody [Sheen].”

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Charlie Sheen with sons Max and Bob in 2011.

Chelsea Lauren/WireImage

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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,” which could happen with as little as 48 hours’ notice.

The two also share physical custody of the boys, although the paperwork states that the “primary residence of the minor children shall be with [Sheen].”

“Brooke will enjoy reasonable and flexible periods of custody and visitation as agreed and agreed between the parties, recognizing the goal of frequent and continuous contact between the minor and both parents.”

The agreement also says Mueller will submit to drug and alcohol testing at least once a week, as well as “as often as her probation officer requests” 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 from high school (whichever comes later).

Lifting Mueller’s detention in the event of a positive test would be “immediate,” and a missed test would count 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 pay as long as she stays sober, though he will not be a co-signer on any new properties moving forward. In the event of a return, Sheen reserves the right to terminate all financial support for Mueller, leaving her responsible for all costs of securing a new residence.

Representatives for Sheen and Mueller immediately responded to PEOPLE’s request for comment.

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

Speaking to PEOPLE last month, Sheen talked about “single dad stuff” while enjoying time with his teenage sons.

“I mostly raised my 14-year-old boys,” he said at the time. “Their mom was trying to figure out some things on her end, so she’s not in the story too much right now.”

He added that the children are great. “They’re really cool, really smart and really fun.”

A representative for Mueller declined to comment when contacted by PEOPLE.

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