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Brooke Mueller is back in rehab, and Charlie Sheen is using the opportunity to get custody of their two sons.

Charlie is set to appear in an L.A. court today to ask the judge to award him full custody of Bob and Max. He also wants permission to take the twins on the road with him during the last two weeks of his tour.

Charlie plans to argue that Brooke's drug relapse makes her an unfit mother. In turn, Brooke's lawyers plan to ask for full custody and that Charlie be psychologically evaluated.

Brooke reportedly returned to a treatment facility after a week of bingeing.

UPDATE (7:40 a.m.): Apparently, Denise Richards has offered to watch the twins while Charlie's on the road.

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