Hilary Duff's Ex Mike Comrie Fights for Joint Custody of 3-Year-Old Son Luca

Former pro hockey player challenges the actress' file asking for primary custody of their child with visitation rights

By Bruna Nessif Apr 23, 2015 1:09 AMTags
Hilary Duff, Mike ComrieTwitter

Hilary Duff and Mike Comrie have been great examples of a couple going through an amicable split and figuring out how to co-parent, but could those days be over?

The actress' estranged hubby recently filed his divorce response in a Los Angeles Superior Court on April 16, and according to the documents obtained by E! News, Comrie is asking for joint legal and physical custody of their 3-year-old son Luca.

This raises some worry about a possible custody battle brewing, because Hilary's initial file asked for primary custody of their son, with visitation rights for Comrie.

Comrie's docs also state that, "spousal support shall be determined pursuant to the terms of the parties' Prenuptial Agreement."

Duff filed for divorce from the retired hockey player in February, just over a year after it was revealed that they had separated, the singer-actress' rep confirmed to E! News. Duff cited irreconcilable differences as the reason for the split.

"They remain best friends and will continue to be in each other's lives," Duff's rep said in a statement when they broke up a year ago, calling the split amicable. "They are dedicated to loving and parenting their amazing son, and ask for privacy at this time."

Meanwhile, the former Lizzie Maguire star opened up to Cosmopolitan's April 2015 issue about her ill-fated union with Comrie. "Mike and I were very in love when we met. We both really wanted to get married. I'd been working since the age of 11 or 12, so making that choice at a young age seemed right for me.

"Maybe it wasn't, but we spent the majority of our time together really happy. It wasn't working well enough to stay together, but there was still a lot of love involved. It was just a slow set-in of us not being the match that we used to be. I'm lucky for the person he is and I am and how we decided to handle this," she told the mag.