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Video: ‘Winning’? Sheen loses custody plea for kids

  1. Closed captioning of: ‘Winning’? Sheen loses custody plea for kids

    >> sheen's fight for full custody of his twin boys. jeff rossen has been following the case for a while. good to see you.

    >> no big news flash here. charlie sheen has had a drug problem. same with brooke mueller . as part of the custody agreement both parents must take random drug tests . brooke failed to take one so sheen flew to l.a. and made a plea to the judge calling brooke an unfit mother. charlie sheen arrived to court tuesday with his so-called goddess natty ready to do battle with brooke mueller .

    >> i feel terrific, thank you.

    >> there was always drama between the two of them. now that brooke has fallen off the wagon it's given charlie an in.

    >> reporter: at stake, custody of the 2-year-old twins, bob and max. in the private hearing, sheen argued that brooke violated their custody agreement by refusing to take a drug test last week that he deserves the children full time .

    >> she knows the rules and the consequences are radical. i told her don't pick a [ bleep ] fight with a warlock because you're going to lose.

    >> reporter: charlie versus brooke . it's been brewing for months. so messy even denise richards offered to take in the twins. the children keep getting bounced around. in early march officers showed up at sheen 's mansion and removed them. under a court order filed by brooke , hours later, sheen spoke with me in a live interview on "today."

    >> there is nothing to hide and nothing but love and compassion and support for the amazing children.

    >> reporter: charlie and brook finally reached a custody deal. sheen gets alternate weekends and some weeknights and both parents have to take random drug tests . just last week tmz posted this video from a california pawnshop showing brooke mueller trying to sell off a watch and a stereo, sparking reports that she's back on drugs.

    >> on friday, she refused a drug test which is considered failure of a drug test . there is no question she's fallen off the wagon.

    >> reporter: in fact, in court tuesday brooke admitted to the judge she's back in outpatient rehab. but it wasn't enough. in a defeat for charlie sheen , the judge did not award him full custody. instead, keeping the agreement as is. bob and max will continue living with brooke and her mother in california.

    >> the court is not going to change custody because of the fact that ms. mueller is in rehab. but i don't think that anyone should assume that this is going to be something that the court will be indifferent to should it happen again. [ cheers and applause ]

    >> reporter: by late tuesday night, after his loss in court, sheen was back on the east coast , performing his one-man show in washington, d.c. and he had lots to say about the hearing.

    >> this is totally [ bleep ] broken.

    >> reporter: busy day for charlie sheen . as his custody battle played out in a courtroom in los angeles , in another a hearing in his $100 million lawsuit against warner brothers . sheen is fighting for back pay for himself, plus the cast and crew. no decision yet on the lawsuit. matt, i don't think any of this is going away.

    >> not for a while. jeff rossen , thank you very much.

Image: Charlie Sheen and Brooke Mueller
Riccardo S. Savi  /  Getty Images file
Although the court session was closed to the media, reports are that the toddler twins of Charlie Sheen and Brooke Mueller will stay with their mother and her family, as agreed on in a March 10 settlement.
By
TODAY staff and wire
updated 4/21/2011 2:55:08 PM ET 2011-04-21T18:55:08

Although the court session was closed to the media, reports are that Charlie Sheen and Brooke Mueller's toddler twins will stay with their mother and her family, as agreed on in a March 10 settlement.

Former "Two and a Half Men" star Sheen went before a Los Angeles judge Tuesday seeking custody of the boys. Mueller also attended, and emerged from court smiling and hugging her attorney. Although nothing official was announced to the media, TMZ.com reports that the couple's custody arrangment will not be changed.

Sheen left the courthouse flanked by security and was on his way to catch a plane to Washington, DC for a performance of his stage show, "My Violent Torpedo of Truth — Defeat is Not an Option."

Los Angeles Superior Court Judge Hank Goldberg sealed the hearing at the request of Mueller's attorney, saying it was "in the best interest of the children" because of "questions of abuse and other inflammatory and emotional issues."

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Story: Mueller would 'never let' Richards raise her kids

Sheen arrived in court wearing a black suit, glasses and an orange tie. As the public filed out of the courtroom, Sheen gave a fist bump to a reporter in the audience. One of his girlfriends, whom he describes as goddesses, accompanied him to court and sat on a bench outside the courtroom.

The actor and his estranged wife have sparred in recent months, with Mueller accusing Sheen of threatening her with a pen knife. Recent reports have claimed Mueller has re-entered rehab for addiction issues.

Report: With ex in rehab, Sheen wants custody

Sheen's attorney, Mark Gross, said in court it was unfair that Mueller's attorneys hadn't sought to seal her prior request for a restraining order, which detailed numerous alleged threats Sheen had made. The restraining order request was later dropped.

Gross agreed the hearing should be closed and Mueller's attorneys called the complaint, "a dollar short and a day late."

In Santa Monica, Sheen's attorneys are arguing his $100 million lawsuit over his firing from "Men" should be heard in the public courts system rather than through private arbitration as his former employer, Warner Bros. Television, wants.

Sheen's attorneys argue an arbitration clause in his contract is unenforceable and the case should be decided by a jury if it proceeds that far.

Warner Bros. denies Sheen's claims and in court filings stated that the actor's contract calls for disputes to be decided by binding arbitration.

Sheen filed his lawsuit March 10, days after he was fired from television's top-rated comedy. He is also suing "Men" Executive Producer Chuck Lorre, who also wants the case handled by arbitration. Warner fired Sheen after a series of bizarre behavior during interviews and after he vehemently criticized Lorre.

Sheen has said during his stage show that he would return to the show, which reportedly paid him $1.8 million an episode, but Warner has denied there have been discussions for Sheen's re-hiring.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos: Charlie Sheen

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  1. Family affair

    Martin Sheen, Charlie Sheen's real-life father plays Martin, on Charlie's show "Anger Management." (FX) Back to slideshow navigation
  2. Smoking man

    Sheen, left, holds a necrotic lung affected by tobacco use and a healthy lung as he talks to Dr. Oz during a taping of "The Dr. Oz Show," in New York. Sheen, who is a heavy smoker, also discussed his manic behavior and anger issues in the January 2013 episode. (Barbara Nitke / AP) Back to slideshow navigation
  3. Star power

    Sheen, left, speaks as former Guns N' Roses guitarist Slash is honored with a star on the Hollywood Walk of Fame on July 10, 2012 in Hollywood, Calif. (Joe Klamar / AFP - Getty Images) Back to slideshow navigation
  4. Play ball!

    Sheen acknowledges the fans before throwing out the first pitch at a baseball game between the Cincinnati Reds and the San Diego Padres at Petco Park on July 7, 2012 in San Diego. (Denis Poroy / Getty Images) Back to slideshow navigation
  5. In the hot seat

    Comedy Central roasted Sheen in one of their infamous specials on Sept. 10, 2011. (Christopher Polk / Getty Images) Back to slideshow navigation
  6. Enter the Warlock

    Sheen shows off his Detroit Tigers jersey during his performance at the Fox Theatre in Detroit on Saturday, April 2, 2011. Promising "the real story," the 45-year-old former "Two and a Half Men" star hit the road for a month-long, 20-city variety show tour, with the first stop a sold-out show in Detroit. (Carlos Osorio / AP) Back to slideshow navigation
  7. Thumbs down

    A Sheen fan offers her review while leaving the Fox Theatre in Detroit on April 2, 2011. (Geoff Robins / AFP - Getty Images) Back to slideshow navigation
  8. The gang's all here

    Sheen, second from left, is joined by Joey Scoleri of Live Nation, left, and "goddesses" Bree Olson and Natalie Kenly, right, at the after party for his Chicago tour stop at Enclave on April 3, 2011. (Daniel Boczarski / Getty Images) Back to slideshow navigation
  9. Blood thirst

    Charlie Sheen is seen on the rooftop of the Live Nation building drinking "Tiger Blood" in Beverly Hills, Calif., on March 7, 2011. The "Two and a Half" men star was fired from the show earlier in the day by Warner Bros. (Jean Baptiste Lacroix / WireImage) Back to slideshow navigation
  10. Two for one

    Sheen poses with the two women he refers to as his "goddesses" in the kitchen of his Los Angeles home during the first week of March 2011. Natalie "Natty" Kenly, left, a model, and Rachel Oberlin, aka porn star Bree Olsen, gained fame during the actor's media blitz over his fight with CBS and Warner Bros. television. (Michael Austin / NBC News) Back to slideshow navigation
  11. Plenty to say

    Adult film star Capri Anderson, the woman who was in Charlie Sheen's hotel room the night he allegedly trashed his suite, talks with ABC about the incident. Claiming to have feared for her life upon being locked in the bathroom, Capri said, "I'm not going to stand down and be completely be walked over." Anderson filed a harassment lawsuit, Sheen then countersued for extortion, and the case was dropped. (ABC via Getty Images) Back to slideshow navigation
  12. Before the storm

    Sheen joins his ex wife Denise Richards and their daughters Sam and Lola in a trip to the American Museum of Natural History in New York on Oct. 25, 2010. Their museum visit ended a weekend together in which the four of them went shopping at an American Girl store, dined at Serafina Broadway and took in the Broadway show Mary Poppins.

    Sheen was later hospitalized after he was found drunk and naked with an alleged escort in his trashed room at The Plaza hotel. Damages to the room reportedly totaled $7,000. The actor's rep later said Sheen had had an allergic reaction to medication. (INFphoto.com) Back to slideshow navigation
  13. Back to rehab

    Sheen, second from right, arrives with his attorney Richard Cummins, second from left, for a sentencing hearing at the Pitkin County Courthouse in Aspen, Colo., on Aug. 2, 2010. Sheen was sentenced under a plea deal to get a 30-day sentence to be "administered and executed" at Promises rehab facility in Malibu, Calif., for assaulting his wife Brooke Mueller during an alcohol-fueled Christmas Day quarrel in Aspen. (Rick Wilking / Reuters) Back to slideshow navigation
  14. See you in a month

    Sheen, right, leaves the Pitkin County Courthouse with his attorney Richard Cummins in Aspen, Colo., on Monday, June 7, 2010. A sentencing hearing for the actor in his domestic assault case against wife Brooke Mueller was continued until July 12. (Ed Andrieski / AP) Back to slideshow navigation
  15. More troubles

    Sheen's Mercedes was apparently stolen from his Shermon Oaks, Calif., home in early 2010. It was found overturned hundreds of feet down a nearby cliff. On June 15, 2010, police reported a second Mercedes suffered the same fate. (Gus Ruelas / AP) Back to slideshow navigation
  16. Not-so-merry Christmas

    Brooke Mueller Sheen called police on Christmas Day, 2009, reporting that Sheen attacked and threatened her. (Riccardo S. Savi / Getty Images) Back to slideshow navigation
  17. Got my designs on you

    Sheen has collaborated with the owner of the Rock & Roll Religion clothing line to create a line of shirts called the DaVinci Collection by Charlie Sheen. Sheen's "Two and a Half Men" character wears similar shirts. (Ethan Miller / Getty Images) Back to slideshow navigation
  18. Viva ALMA!

    Sheen, born Carlos Estevez, captured the outstanding male performance in a comedy TV series award at the 2008 ALMA Awards. The honors are given to Latino performers who promote positive portrayals of Latinos in the entertainment field. Sheen's paternal grandparents were Spanish, his maternal grandparents Irish. (Frank Micelotta / Getty Images) Back to slideshow navigation
  19. Trying marriage again

    In 2008, Sheen married real-estate investor Brooke Mueller, seen here with Sheen and his daughters, Sam and Lola. The couple's twins, Bob and Max, were born on March 14, 2009. A Christmas Day fight that same year has sent Sheen's latest round of marital woes back into the tabloids. (Donato Sardella / WireImage) Back to slideshow navigation
  20. Play clothes for the posh

    Fashion executive Michael Berens, Sheen and clothing designer Suzanne Ciulla pose with children wearing clothes from Sheen Kidz, a couture children’s sportswear inspired by Sheen’s daughters, Sam and Lola. (Donato Sardella / WireImage) Back to slideshow navigation
  21. A 'Platoon' reunited

    Actor Willem Dafoe, director Oliver Stone, an unidentified guest, Sheen and Tom Berenger reunited for a screening of their classic film "Platoon" at the 2006 Cannes Film Festival in France. (Francois Durand / Getty Images) Back to slideshow navigation
  22. 'Bounce' back

    Sheen starred in "The Big Bounce," a critical flop, in 2004. Although the film was based on a novel by Elmore Leonard and features Owen Wilson and Morgan Freeman in addition to Sheen, it was a disaster, and cost $50 million to make. It earned back only $6 million. (Warner Bros.) Back to slideshow navigation
  23. Men, men, men, men, manly men

    Sheen and Jon Cryer play brothers with opposite temperaments in the CBS hit comedy "Two and a Half Men." Sheen reportedly earns $825,000 per episode on the show. (CBS via Getty Images) Back to slideshow navigation
  24. Till divorce do us part

    Sheen married actress Denise Richards in 2002, and they had two daughters, Sam and Lola. Richards filed for divorce in 2005, and the details of their marriage, estrangement and custody battle quickly became tabloid fodder. Richards accused Sheen of abusing drugs and alcohol, and threatening her with violence. (Robert Mora / Getty Images) Back to slideshow navigation
  25. Keep the Globe spinning

    In 2002, Sheen won the Golden Globe Award for best performance by an actor in a television comedy or musical series for his role in "Spin City." (Scott Nelson / AFP - Getty Images) Back to slideshow navigation
  26. Putting a 'Spin' on things

    Sheen, shown with Barry Bostwick and Heather Locklear, played Charlie Crawford on "Spin City" from 2000 to 2002. As he does in "Two and a Half Men," Sheen played a character with the same first name as himself. Tony Danza Syndrome, perhaps? (ABC via Getty Images) Back to slideshow navigation
  27. X marks the film

    Sheen teamed again with brother Emilio Estevez to play real-life brothers Jim and Artie Mitchell in 2000's "Rated X." The Mitchells were pioneers in the pornography and strip-club industries in San Francisco in the 1970s and '80s. (Showtime via Getty Images) Back to slideshow navigation
  28. In court

    Drug issues have troubled Sheen for years. In 1998, he appeared in a Malibu, Calif., courtroom, where a judge ruled that the actor, who nearly died of a drug overdose five months before, could be released from his rehabilitation facility. (Nick Ut / AP) Back to slideshow navigation
  29. He'll be there for you

    Sheen kisses Lisa Kudrow in his appearance on the hit show "Friends" in 1996. (NBC) Back to slideshow navigation
  30. Geronimo!

    In 1994's "Terminal Velocity," Sheen starred with Nastassja Kinski in a film about a skydiver who apparently dies on her first jump, but turns out to have faked her death. (Walt Disney Studios) Back to slideshow navigation
  31. Family of stars

    Sheen, father Martin Sheen and brother Emilio Estevez unveil Charlie's star on the Hollywood Walk of Fame in 1994. (Jim Smeal / WireImage) Back to slideshow navigation
  32. All for one, and one for all

    Sheen played Aramis, one of "The Three Musketeers," in the 1993 film version of Alexandre Dumas' classic story. Kiefer Sutherland played Athos, Oliver Platt played Porthos, and Chris O'Donnell played D'Artagnan, who longs to join the trio. (Walt Disney Studios) Back to slideshow navigation
  33. Daddy and daughter

    Sheen and his daughter, Cassandra Jade Estevez, attended the 1992 premiere of "The Mighty Ducks." Sheen was just 19 when Cassandra was born. (Ron Galella / WireImage) Back to slideshow navigation
  34. Mullet man

    In the comedy spoofs "Hot Shots" and "Hot Shots Part Deux," Sheen plays Navy pilot Topper Harley. "Part Deux" parodies the action-movie genre, particularly the Rambo films. (20th Century Fox) Back to slideshow navigation
  35. Brothers at work

    Sheen and brother Emilio Estevez teamed up in 1990's "Men at Work," about two garbage collectors who discover a corpse. (Triumph Releasing) Back to slideshow navigation
  36. Three strikes, yer out

    Sheen, right, and Tom Berenger starred in 1989's "Major League," a comedy about a fictionalized version of the Cleveland Indians. Sheen played Ricky Vaughn, an out-of-control pitcher who improves once he gets glasses. (Paramount via Everett Collection) Back to slideshow navigation
  37. Bang, bang, my baby shot me down

    In 1990, before Kelly Preston wed John Travolta, she was engaged to Sheen, who gave her a 2.5 carat pink diamond engagement ring. The engagement ended shortly after he accidentally shot her in the arm, causing a wound that required stitches. (Ron Galella / WireImage) Back to slideshow navigation
  38. Guns blazing

    Sheen, middle right, and Emilio Estevez, front, starred with Lou Diamond Phillips, Kiefer Sutherland, Casey Siemaszko and Dermot Mulroney in 1988's Western, "Young Guns." (20th Cenury Fox via Everett Collection) Back to slideshow navigation
  39. Greed is good

    Sheen starred in 1987's "Wall Street," where he plays Bud Fox, a young, ambitious trader who falls under the spell of ruthless millionaire Gordon Gekko, played by Michael Douglas. Reportedly Sheen and director Oliver Stone parted ways after Stone approached Sheen to star in "Born on the Fourth of July," but then cast Tom Cruise without telling Sheen. (20th Century Fox) Back to slideshow navigation
  40. Fighting the war outside and the war inside

    In 1986's "Platoon," Sheen, center, starred with Willem Dafoe and Tom Berenger in Stone's critically lauded Vietnam War movie. The film was based on Stone's own war experiences, and is regularly listed by critics as one of the best war films ever made. (Orion Pictures via Everett Collection) Back to slideshow navigation
  41. Putting the moves on Ferris Bueller's sister

    Sheen and Jennifer Grey starred in 1986's "Ferris Bueller's Day Off," with Grey playing Ferris Bueller's snotty sister Jeanie and Sheen a rebel she meets at the police station. (Paramount Pictures) Back to slideshow navigation
  42. WOLVERINES!

    Sheen got his movie start in 1984's "Red Dawn." His fellow young stars included Patrick Swayze, C. Thomas Howell, Lea Thompson and Jennifer Grey. (MGM) Back to slideshow navigation
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