As a San Diego Certified Family Law Specialist attorney, I've had thousands of child custody and custody move away cases handled in my family law office. I've had to research the Charlie Sheen custody story from many different reports. Charlie Sheen is the father of twin boys with mother Brooke Mueller. They lived together until reportedly Charlie pulled a knife on Brooke in 2009. The parents lived separately and raised their two, young children, until 3/21/11 when Brooke filed for a restraining order claiming that Charlie had threatened her. (Bob and Max were 23 months old at the time of the March 1, Domestic Violence Restraining Order request.) Mail Online published a detailed story as to the restraining order and you can see the first page of the restraining order, and the story summary, here.
Brooke was successful in obtaining the temporary restraining order on 3/1/2011. However, Domestic Violence Restraining Orders, granted on a temporary basis, must be heard in court 21 days later and, at this second restraining order hearing, the court will decide whether to grant a permanent restraining order. Domestic Violence Restraining Orders grant orders intended to offer protection to the victim (for example, by a stay away order, an order to "kick out" the perpetrator from the family residence, an order that the perpetrator turn over all of his/her guns to law enforcement, etc. And the Domestic Violence Restraining Order may include a child custody and visitation order. The restraining order served on Charlie Sheen did contain a custody order as Charlie had to turn over the twins to Brooke's custody.
Almost immediately after the restraining order was filed, granted and served, Charlie's lawyers, according to a news report, vigorously pursued and obtained a child custody agreement between Charlie and Brooke. This maneuver is frequently overlooked by those less experienced in child custody litigation. Instead of waiting to litigate the child custody case in court (with witnesses, evidence, mediators, etc...) Charlie and Brooke reach an out of court agreement.
The next twist to this story was approximately in mid April when Charlie went back to court and tried to get full custody of the twins. Charlie asserted that Brooke was back in drug rehabilitation, suggesting that Brooke was using drugs. This event was reported by TMZ. However, there are many reports that Charlie has openly admitted his substance uses. California judges in child custody cases have wide discretion and no one can be certain as to why the judge denied Charlie’s request.
Domestic Violence Restraining Orders, emergency child custody hearings, out of court custody negotiations and agreements, allegations of substance abuse by both parents, and parental insanity. This case portrays child custody battles in many different forms and the twins are only 24 months old.
There are many family law attorneys who simply will not take a child custody case. The emotions run high and the lawyers who engage in this work must be ready to work on these cases day and night as many child custody cases result in emergency court hearing. The San Diego divorce attorneys at the Law Office of Thomas M. Huguenor handle family law, divorce and child custody cases.
