In the custody battle of Brooke Mueller versus Charlie Sheen, it looks like Mueller might be winning. Bob and Max, the former couple’s two sons, who have, for the past few months been living with Denise Richards. The children were removed from Mueller’s care six months ago by the L.A. County Department of Child and Family Services.

Brooke Mueller, Dan Tanas
Mueller lost custody of the two children about six months ago.

Now they will be returned to their mother, but on a condition. According to TMZ, Mueller will not be charged with the custody rights for the two boys. Instead, the responsibility will fall to her brother Scott Mueller, who has been awarded temporary guardianship instead of Brooke herself. However, the boys will stay with their mother. According to an ever-trustworthy “source” for the website, the judge felt it was important for the boys to keep attending the same school. Since Scott lives far away, the judge ruled that the boys could move into Brooke’s LA area home.

Denise Richards, The Grove
Denise Richards has been caring for the children along with her own two daughters with Sheen.

This means that while Mueller does not technically have custody over the children (according to TMZ,) they will be living in their mother’s home full time. There is no mention about what rights (if any) will be granted to Bob and Max’s father, Charlie Sheen. But, again according to the website, there’s another twist to the tale. The house where Scott lives, in a gated community, is reportedly the same one that Charlie Sheen bought for Mueller.

Brooke Mueller, LA
The kids will be living with Mueller, although technically under the custody of her brother.