Charlie Sheen Will Get Sole Custody of Sons if Their Mom Fails Drug Test

Charlie Sheen was issued an emergency order granting him sole legal and physical custody of his 14-year-old twin sons if his ex-wife, Brooke Mueller, fails a drug test.

In court documents obtained by Entertainment Tonight, it appears that the Two and a Half Men star and his ex-wife agreed to a modified custody agreement in August 2023 after she allegedly "relapsed and engaged in abusing alcohol and controlled substances" during or around June and July of 2023. 

Under the stipulation order, Sheen will acquire sole custody "in the event Brooke tests positive for drugs or alcohol ... or otherwise relapses" once again.

As per the order, Mueller would be required to undergo drug and alcohol tests "as often as required by her probation officer; within 24 hours of a written request (email or text) from Charlie or his attorney, until [Max and Bob] reach the age of majority of graduate high school, whichever is later." It would be mandatory for Mueller to test at least once a week.

Additionally, Mueller's "custody/visitation will be terminated immediately following any positive test," and "a missed test will be considered a positive test." Los Angeles County Superior Court approved the modified custody agreement on Jan. 18 after the former couple agreed to the stipulations in August.

Sheen told People about a month ago that he is enjoying the life of a "single dad." "I've mostly been raising my 14-year-old boys," said the actor, who has been sober for six years. "Their mom has been trying to figure some stuff out on her end, so she's not in the picture too much right now."

Sheen, 58, is also the father of Cassandra Jade Estevez (with a high school ex-girlfriend) and Lola and Sami Sheen (whom he shares with Denise Richards). Mueller, 46, was married to Sheen from 2008 to 2011. When their divorce was finalized, Sheen was ordered to pay $55,000 a month in child support.

The couple struggled with drug addiction over the years, and custody of Max and Bob was given to Sheen's ex-wife Richards and Mueller's brother, Scott Mueller, before the kids moved back in with their mother.

In 2018, Sheen claimed he could no longer make his child support payments. The Emmy nominee was paying Richards $20,000 per month for Sami and Lola. A financial agreement between the exes was reached in 2022 that was not disclosed.

Since March, Sheen has been seen with his sons on several outings, including a smoothie run and surf shop excursion. He told People that he, Bob, and Max live a "very consistent lifestyle."

"I was like, 'I'm going to give it a month, just see if I feel any better, and if my interactions with those that are closest to me improve,'" he said about his journey towards sobriety. "And they did. And I'm like, 'All right. I'm going to go another month.'"

Sheen's daily routine is now "dragging [his children] all over the city." He revealed that his sons are interested in "some cool stuff that isn't just Fortnite" and that Bob attempts to be a director while Max plays guitar.