The troubled actor - who earlier this month came to an agreement about their wellbeing with estranged wife Brooke Mueller - wants legal and physical responsibility for the twins after Brooke checked herself back into a rehabilitation facility for failing to undertake a drug test.
According to gossip website TMZ, Charlie`s lawyer Mark Gross gave notice to Brooke`s attorney, revealing he wanted to change the terms of their agreement in court tomorrow and terminate the obligation to pay her $55,000 a month in child support as she would no longer incur such expenses while in rehab.
However, in response her team are expected to ask for fully custody and request Charlie - who lives with his two girlfriends in a Los Angeles mansion - undergoes a psychological evaluation.
Discussing the wellbeing of her sons recently, Brooke - who agreed to take a drug test every week until the pair turned 18 - said the pair were healthy and happy.
Speaking about claims she took drugs while pregnant, she said: "The boys are having a wonderful time. Everybody`s healthy and happy.
"When people say all those mean things ? oh yeah, I think, get a life. I would say about 50 per cent of the time they`re lies. The only thing I care about is that people know I`m a good mother."
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