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Charlie Sheen Seeks Custody As Twins' Mom Goes Back Into Rehab

//wennb

Apr. 18 2011, Updated 3:20 p.m. ET

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By Jen Heger

Radar Legal Editor

With their mother back in rehab, embattled TV star Charlie Sheen will be seeking temporary custody of his twin sons this week, sources exclusively tell RadarOnline.

Mark Gross, Sheen's attorney, is planning to notify Mueller's lawyer on Monday that Sheen will ask a judge to give him the boys while Sheen's soon-to-be-ex-wife, Brooke Mueller, is in rehab.

Mueller, 33, reportedly entered rehab over the weekend after a crack cocaine bender -- a story first reported by RadarOnline last week. The first signs that something was wrong with Mueller was when she started making calls to friends to ask for drug-free urine. Then came her trip to a pawnshop in crime-riddled Inglewood, Calif., and her visit with a street drug dealer who said she bought $150 worth of coke from him last Thursday.

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Then late Friday, Mueller refused to take a court mandated drug test at home.

Said a tipster in Sheen's camp: "Charlie has had enough with her excuses, period. Brooke refused to take a random drug test. Charlie's attorney will use that as evidence that the boys are better off with him than with Brooke."

What is clear, however, is that Mueller and her attorney, Lori Howe, won't give up the boys without a fight.

Brooke's attorney is expected to argue that the boys are well cared for with the help of Brooke's mom, Palm Beach, Fla., socialite Moira Fiore. Howe is expected to argue that Max and Bob haven't seen much of their dad over the past months. The fired star of Two and A Half Men is currently on the road for his Torpedo of Truth show until May 3rd.

"The last place the twins should be is in a different hotel rooms every night. Toddlers need love, continuity, and stability. They have that with Brooke's extended family in Los Angeles," a source in Mueller's camp said.

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