updated 04/19/2011 AT 12:10 PM ET
•originally published 04/19/2011 AT 12:15 PM ET
Charlie Sheen may be winning onstage – but will he win in family court?
The actor, 45, arrived in Los Angeles Superior Court Tuesday morning to seek full custody of his twin boys, Bob and Max, 2, with Brooke Mueller, the actor’s lawyer Mark P. Gross confirms.
The actor was seen looking serious as he arrived in a black Rolls-Royce. Mueller, 33, wearing a multicolored top with a black skirt, showed up early with her attorneys and looked pensive. At the beginning of the hearing, which started at 9:30 a.m., the judge agreed to close the courtroom and the hearing was to be held behind closed doors.
Sheen, who’s midway through his North American live tour, told a Mashantucket, Conn., audience on Sunday that he was returning to L.A. to “get my kids back” after his estranged wife missed a mandatory drug test Friday.
“She convinces a [expletive] judge while she’s in rehab coming off crack that she’s the better parent,” Sheen said onstage. “Only in L.A., right? I pay her a ton of dough and have zero custody. Wow. It’s so cool to be me, great to be me right now. Defeat is not an option.”
A source confirms Mueller, who has struggled with sobriety for several years, did relapse in recent days.
Last month, the couple averted a face-off in court by hammering out a custody agreement, which specified that both parties must remain sober.
As part of that deal, Mueller withdrew a restraining order against Sheen, which temporarily stripped him of custody of the boys.
With reporting by K.C. BAKER