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Charlie Sheen to fight ex over custody after reports of her relapse

Charlie Sheen and Brooke Mueller, pictured in 2008, are still feuding over custody of their twins.

Frederick M. Brown/Getty Images

Charlie Sheen and Brooke Mueller, pictured in 2008, are still feuding over custody of their twins.

Amid rumors of a relapse, Charlie Sheen's estranged wife may find herself embroiled in yet another custody battle with the actor.

Brooke Mueller, who shares custody of 2-year-old twins Max and Bob with the former sitcom star, reportedly refused to take a drug test Friday, adding to questions as to whether she's maintained her sobriety.

Per the custody agreement the exes recently worked out, both parents are required to submit to random drug testing.

According to TMZ.com and RadarOnline.com, Mueller has reentered an in-patient rehab facility and Sheen's lawyers are prepared to raise the custody issue in court this week.

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"Charlie has had enough with her excuses, period. Brooke refused to take a random drug test," a source told Radar. "Charlie's attorney will use that as evidence that the boys are better off with him than with Brooke."

A source close to Mueller, 33, told the Daily News on Friday that the "kids are being raised in a very stable household" with the help of Mueller's extended family.

Sheen, 45, spoke to E! News last week, saying that "the consequences" of Mueller's recent alleged behavior ? including a sketchy caught-on-camera trip to a pawn shop ? would be "radical."

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"And I told her don't pick a f--king fight with a warlock because you're gonna lose," he said.

Another Mueller source, however, countered that "Brooke will not take a drug test until Charlie takes a drug test."

"Brooke will not go along with the agreement she and Charlie have in regards to testing until he stops talking about her in public," the source told E!. "He's been violating their agreement from day one and she's had enough."

Mueller's lawyers, in addition to trying to get full custody, are also aiming to get Sheen to undergo a psych evaluation, TMZ.com reported.

Similarly, Sheen's camp is also trying for full custody - and the termination of child support payments. The actor currently pays Mueller $55,000 a month, which would become unnecessary if he wins sole custody.

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