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Brooke Mueller's Rehab Prompts Charlie Sheen to Custody Battle

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By Stephanie Rabiner, Esq. on April 19, 2011 12:14 PM

After a reported week-long drug binge that allegedly involved a stop at a pawn shop, Brooke Mueller is back in one of California's posh rehab facilities.

At the end of last week, Mueller refused to take a random drug test, which is part of her custody agreement with Charlie Sheen. In a potentially preemptive strike, she admitted herself into the facility, leaving her children with her parents.

Both Brooke Mueller and Sheen are back in court today, with Sheen petitioning the judge for custody of the pair's 2-year-old twin boys. Given his own track record, this may not be so easy.

For Brooke Mueller, rehab may actually be a way to maintain her parental rights. The Department of Children and Family Services will often mandate that parents seek help in order to retain custody of their children. Given that she appears to have willingly entered a facility, it's very possible that she struck a deal with the department.

If this is not the case, the Brooke Mueller rehab incident doesn't automatically mean that Charlie Sheen is entitled to custody of the couple's boys.

Between his own drug problems, traveling freak show, and apparent mental instability, the judge is likely to question his ability to parent.

It's also possible that the judge will find both Brooke Mueller and Charlie Sheen unfit to parent at the current time. If this is the case, temporary custody will likely be awarded to one of the two sets of grandparents, as the state prefers to place children with relatives.

[Editor's Note 4/19/2011 3:31 EST: After a two-hour hearing, a Los Angeles judge ruled that both parties will keep the custody rights they agreed upon in their March 10 settlement, according to various media reports.]

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