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Danny Masterson's estranged wife Bijou Phillips demands full child custody but will allow 9-year-old daughter to visit him in prison

Bijou Phillips has requested full child custody and spousal support from Danny Masterson in the divorce petition
PUBLISHED SEP 21, 2023
Bijou Phillips filed for divorce from Danny Masterson days after his sentencing (Jamie McCarthy/Getty Images)
Bijou Phillips filed for divorce from Danny Masterson days after his sentencing (Jamie McCarthy/Getty Images)

LOS ANGELES, CALIFORNIA: Bijou Phillips, who took legal action by filing for divorce from her husband Danny Masterson, has sought spousal support and requested full child custody.

The couple got married without a prenuptial agreement and the model has requested that the court oversee the division of their assets to consider them as separate property. Additionally, Phillips has asked the 'That 70's Show' actor to cover her legal fees.

LOS ANGELES, CA - JUNE 18:  Actors Danny Masterson and Bijou Phillips attend an introduction to HEAV
Danny Masterson and Bijou Phillips filed for divorce from Danny Masterson 12 days after he was sentenced for raping two women (Getty Images)

Why did Bijou Phillips file for divorce from Danny Masterson?

On Monday, September 19, 2023, Bijou Phillips filed for divorce from Danny Masterson in a California court. The divorce petition cited "irreconcilable differences" as the reason for the dissolution of their marriage, according to the New York Post.

A date of separation was listed as "TBD". Philips has requested full custody of their daughter Fianna Francis, 9, but has demonstrated a willingness to allow the child to visit Masterson while he serves his 30-year sentence following rape conviction.


 
 
 
 
 
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According to the court documents, Philips' lawyer Peter A Lauzon said, "Ms Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter," reported TMZ.

"This period has been unimaginably hard on the marriage and the family. Mr Masterson was always present for Ms Phillips during her most difficult times of her life," read the statement.

"Ms Phillips acknowledges that Mr Masterson is a wonderful father to their daughter," the statement added.

Presemter Bijou Phillips attends the 32nd Annual IDA Documentary Awards at Paramount Studios on December 9, 2016 in Hollywood, California.
Bijou Phillips was married to Danny Masterson for 12 years (Matt Winkelmeyer/Getty Images)

Danny Masterson's defense team plans to appeal court's sentencing decision

The actor's defense team has revealed their intention to appeal the court's decision, citing "substantial" errors they believed occurred during the trial.


 
 
 
 
 
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On September 7, Masterson's attorney Shawn Holley talked to reporters outside the courthouse and said, "For the past several months, a team of the top appellate lawyers in the country has been reviewing transcripts of the trial. They have identified a number of significant evidentiary and constitutional issues which they will address in briefs to both the state and federal courts."

"The errors which occurred, in this case, are substantial and unfortunately led to verdicts which are not supported by the evidence," Holley continued.

"And though we have great respect for the jury in this case and for our system of justice overall, sometimes they get it wrong," he added. 

What were the charges against Danny Masterson?

LOS ANGELES, CA - SEPTEMBER 18:  Actor Danny Masterson stands with his lawyers Thomas Mesereau and S
Danny Masterson was sentenced to 30 years in prison for raping two women (Lucy Nicholson - Pool/Getty Images)

In May, Masterson was found guilty of two counts of rape for sexually assaulting two women in 2003 in his Hollywood-area home. The actor was sentenced to 15 years for each count, to be served consecutively. 

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