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Exclusive: Charlie Sheen Might Never Get Custody Of His Kids Back!

Thu, March 3, 2011 9:26am EDT by 1 Comment

Charlie, the self-proclaimed ‘winner,’ has lost his two boys — and lawyer Susan Filan tells us he might never get them back.

Charlie Sheen is dealing with a bitter custody battle with his estranged wife, Brooke Mueller, who has taken their 1½-year-old twin boys Max and Bob, away from him by claiming that he told her, “I will cut your head off, put it in a box and send it to your mom.’” Now, the kids are in the care of Brooke, who has put a restraining order against her “mentally unstable” ex. But, will Charlie ever get his kids back?

“No, not necessarily,” Connecticut-based lawyer Susan Filan tells “There is going to be a custody case now. In the restraining order, the judge decided that there was a danger to the mother and the children. So in two weeks there will be a hearing,” Susan explains. “If the restraining order gets extended, the custody order will be extended as well. He cannot get near the children.”

Although many may think that Charlie’s bizarre and angry interviews are what caused the Two and a Half Men star to lose custody, attorney Rikki Klieman tells the Today show that his threats and violent behavior towards Brooke, which she sites in her 78-page appeal for a restraining order, is what forced Charlie to give up his kids.

“Brooke could file a criminal complaint and have him arrested for the threat,” Susan explains, adding that the psyshology of battered women often is to try and manage the men hurting them, which obviously didn’t work for Brooke.

“She moved in with him to keep the peace, against her better judgment,” she says. “She thought if she did what he wanted, he wouldn’t be as much of a threat. But then she saw how bad it was, and realized she’d been wrong.”

That’s why Brooke filed for an “emergency” order. Now, they will all come back for a court hearing in two weeks where Susan says Brooke will probably fight for sole custody and leave Charlie with no visitation rights. Charlie claims he plans on being in court as early as today or tomorrow.

As for the porn star and model who are living with Charlie, Today‘s Jeff Rossen, who was in the actor’s house for almost 10 hours, says nothing appeared to be out of the ordinary. Actually he says the house was “pretty boring.” AND to our surprise, Jeff reveals that their are actually two nannies who watch and care for the boys, and that the Natalie Kenley and Bree Olson are not their primary caretakers — just buddies.

As for Brooke, she is struggling with her own substance-abuse demons. But she believes the kids are much safer with her than with Charlie, who she claims is “insane.”

“Brooke relapsed because Charlie wouldn’t let her have a sober companion live with them,” Susan explains. “She’s admitted she’s still struggling. She said he’s still drinking. She also said Charlie threatened Denise [Richards]. This is all in the affidavit.”

So what will happen from here? Will Charlie ever regain custody — or visitation — of his sons?

“I think there’s a strong likelihood that the restraining order will be continued,” Susan says. “I think there’s a strong likelihood that he will not get his kids back in two weeks.”

–Leigh Blickley, reporting by Lorena O’ Neil

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