So many questions and issues involved. Dangerous or more dangerous? Tomorrow Charlie Sheen and Brooke Mueller will go head to head for custody of their two twin boys. With neither parent being a stellar role model, will DCFS get involved or will Brooke Mueller continue to have temporary custody? Sources connected with the case told TMZ that Charlie’s lawyer just gave Brooke’s attorneys notice that they will ask a judge Tuesday to undo the restraining order prohibiting Charlie from seeing his kids.
In light of Charlie’s latest escapades including a bizarre new webcast from his home called “Sheen’s-Korner” where he admittedly announces that this is a “disorganized random experiment,” it will be interesting to see what the judge determines. At the beginning of the webcast, Sheen sends a message to his three children, raises a sippy cup to make a toast and then proceeds to drink out of the sippy cup.
If Sheen’s attorneys proceed to trial on the temporary restraining order, the Court will likely implement some safeguards to ensure Sheen is not abusing drugs or alcohol. This can be accomplished through hair follicle testing, or urine and/or blood analysis. Once challenged, it will be Mueller’s burden to provide sufficient facts to justify the existence of the restraining order. Allegations, rumors and supposition will not be sufficient for Mueller to maintain her legal burden in trying to keep the children from Sheen. Obviously, if the Court orders Sheen to submit himself to drug and alcohol testing and if the results come up positive, then Sheen’s contact with the children will be restricted and he will likely have to engage in some type of intense treatment program in an effort to convince the Court that he is drug and alcohol free, and does not pose any threat to the children. In the event Sheen tests negative for drugs and alcohol, it will likely be very difficult for Mueller to meet her burden of showing that the children are seriously endangered by being in Sheen’s care. Although the legal burden remains Mueller’s, Sheen will face an uphill battle as the Court will first, and foremost, seek to protect and safeguard the children. Stay tuned…