Pitt was cleared by the FBI of charges that he got physical with 15-year-old Maddox on the family's private jet in September
Credit: Frederick M. Brown/Getty Images

Brad Pitt and Angelina Jolie won’t be playing happy family for the holiday.

Pitt will not be spending Thanksgiving with his estranged wife or their six children, a source tells PEOPLE.

The Allied star was cleared by the FBI of charges that he got physical with 15-year-old Maddox on the family’s private jet in September and the Los Angeles Department of Children and Family Services (DCFS) also concluded its investigation into the incident earlier this month with no findings of abuse.

However, Pitt and Jolie remain in the midst of a complicated legal battle for custody of their six children. Pitt filed a response to Jolie’s divorce petition on Nov. 4 and asked to share joint physical and legal custody of Maddox, Pax, 12, Zahara, 11, Shiloh, 10, and 8-year-old twins Knox and Vivienne. Jolie has requested sole physical custody, with visitation for Pitt.

Per a temporary recommendation by DCFS, for the past several weeks the children have been living with Jolie, with supervised visitation for Pitt. But Pitt “has been very unhappy with the arrangement,” a source recently told PEOPLE. “He loves his kids and wants to spend more time with them.”

In years past, Pitt and Jolie have talked about relishing the holidays as a family. Last year, the 52-year-old actor revealed he wasn’t afraid to get his hands dirty in the kitchen when it comes to holiday cooking, even with his large family.

“Yeah, I’ll get in there, I’ll mess it up a little bit,” he told Extra. “We got Thanksgiving, man, I’m all over that turkey.”