Mohr re-filed for divorce from his wife in December after initially filed to end their marriage in July 2016

By Natalie Stone
March 22, 2017 10:44 PM

 

Jay Mohr is alleging that his estranged wife Nikki Cox battles both drug and mental health issues and is requesting sole physical custody of their son, according to new court documents obtained by PEOPLE.

In the documents filed March 10, Mohr, 46, is requesting sole physical custody of their five-year-old son, Meredith Daniel Cox Mohr, and joint legal custody, with Cox receiving “reasonable visitation with Meredith, which shall be professionally monitored.”

The new filing comes three months after Mohr filed for divorce from Cox for the second time on Dec. 13 and initially requested joint legal and physical custody of their son.

Since filing divorce docs in December, Mohr claims that he and Cox “have continued to reside in the same residence” with their son, but alleges that their “living situation has become extremely confusing and untenable; and, our son is suffering.”

“Based upon the the increasing hostility in our home, Nikki’s ongoing refusal to attend her mental health issues … her abuse of drugs, and her failure to respect boundaries, I had no choice but to obtain alternate housing for me and our son,” the documents read.

Mohr, who has been married to Cox for almost 10 years, claims that “Nikki’s mental health issues continue to go untreated. … she continues to demonstrate that she is incapable of caring for Meredith,” the docs read. He also alleges that she left ovens on while she and their son were at home asleep; backdoors were left open at night for their dogs to go in and out; and administered a double dose of their son’s medication, which caused him to vomit in the middle of the night.

The actor initially filed for divorce from Cox in July 2016, but called off the divorce just six days after filing the documents.

“I initially filed a Petition for Dissolution of Marriage on July 19, 2016 and sought ex parte custody orders based upon my concerns regarding Meredith’s safety and Nikki’s mental health. My concerns included, but were not limited to, the following facts: Nikki abused drugs, she rarely left her locked bedroom (there were times when Nikki would go 2 full days without seeing Meredith even though we were all in the same house); She was an insomniac who would stay awake for days at a time; she threatened to take her own life on at least two (2) occasions; and she is unable to drive (she never obtained her driver’s license),” the documents read.

According to Mohr, the court denied his ex parte requests and he and his wife “attempted to address the concerns set forth” in the July 19, 2016 declaration.

“Prior to this dissolution proceeding, Nikki was absent from Meredith’s life. To this day, she has never spent twenty-four hours alone with Meredith and has relegated most of Meredith’s care to me and Meredith’s nanny,” the docs read. “To her credit, since July 2016, Nicki has been less absent from Meredith’s life. However, as set forth in further detail below, Nikki’s sudden presence in Meredith’s life has caused confusion, resulting in Meredith exhibiting signs of regression, both at home and in school (he is starting to have bathroom accidents throughout the day) … His behavior is deteriorating both at school and with his therapists.”

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According to the documents, he claims that Meredith “has been urinating and defecating in his pants” and “routinely yells and screams” at his mother.

“Nikki’s poor parenting decisions affect Meredith’s well-being. Her refusal to discipline Meredith has made me the parent who enforces the rules in our house,” the docs read. “When I have checked on Meredith in the middle of the night, I have walked into the master bedroom to see Meredith and Nikki awake at 2:00 a.m, watching cartoons and eating candy.”

The actor also alleges that his estranged wife “will often come to the guest bedroom in the middle of the night and attempt to seduce me” and recently told him that she believed she was expecting another child: “In January (2017), Nikki told me that she thought she was pregnant. I am azoospermic so this news meant either a miracle had happened, another man had impregnated Nikki, or she was lying. She assured me it was mine.”

He also claims that on “2 separate occasions” during their almost decade-long marriage, she asked him to “drive her to the Universal Hilton so that she could commit suicide. She almost never sleeps. She has isolated herself and no one ever comes to the house to visit her.”

“While I acknowledge that I still love Nikki, I also acknowledge that we can no longer be married to each other, and I cannot continue to raise our son in a toxic environment,” the docs read.

Cox met Mohr in 2004 when he guest-starred on her NBC drama Las Vegas. The pair got engaged in February 2006 and wed that same year at the Hotel Bel-Air in Los Angeles.

Cox’s attorney did not respond to PEOPLE’s request for comment.