The Beverly Hills, 90210 actor, 47, is asking for both joint legal and physical custody of the three boys — Noah, 8, Bodhi, 6, and Journey, 4 — according to court documents obtained by Us Weekly on Monday, December 7. Green and Fox, 34, both filed for divorce on November 25, as per the docs. Us Weekly first confirmed that the Transformers alum's divorce filing on November 26.
Green first announced that he and Fox had split after nearly 10 years together in May. During an episode of his podcast, “…With Brian Austin Green,” the actor said they were “trying to sort of be apart” since the end of 2019. Fox has since moved on with rapper Machine Gun Kelly, which whom she made her red carpet debut at the American Music Awards on November 22.
News of Green and Fox's divorce filings came about a month after the Jennifer's Body actress slammed her ex via Instagram on November 1, after he posted a photo with their son, Journey. The since-deleted pic showed the former Masked Singer contestant wearing a fuzzy onesie while Journey stood nearby wearing a Spider-Man costume.
“Why does Journey have to be in this picture? It’s not hard to crop them out. Or choose photos that they aren’t in,” she commented. “I had a great Halloween with them yesterday, and yet notice how absent they are from my social media.”
Fox continued, “I know you love your kids. You’re so intoxicated with feeding the pervasive narrative that I’m an absent mother, and you are the perennial, eternally dedicated dad of the year. You have them half of the time. Congratulations you truly are a remarkable human! Why do you need the internet to echo back to you what should be inexhaustibly evident in the way your children love you?”