By Staff Writer (media@latinospost.com) | First Posted: Apr 23, 2015 08:24 AM EDT

Mike Comrie and Hillary Duff may be facing a custody battle over their three-year-old son. 

TMZ reported that after Duff filed for divorce from the former NHL player, Comrie responded on April 16, 2015, by demanding joint and legal custody of Luca.

In Duff's divorce petition, the actress asked for primary physical custody over the child and asked that Comrie only receive visitation rights. According to insiders cited by TMZ, Duff is concerned about Comrie's manner of parenting. The former hockey star reportedly has not gotten over his partying ways.

As for their property and support issues, Comrie and Duff acknowledged that they signed a prenuptial agreement. Documents from Comrie stated that "spousal support shall be determined pursuant to the terms of the parties' Prenuptial Agreement", based on a report by E! Online.

US Magazine reported about Comrie's wild night out, when he hit on a waitress in Beverly Hills a day before the actress filed for the divorce in February. An unnamed source had told the publication that he was calling the waitress "beautiful, telling her wanted to take her out."

The same source added: "Hilary finally realized that Mike wasn't going to change. He totally blew it and chose to live life like he was single."

Duff and Comrie have been separated for more than a year before Duff finally filed for divorce in February 2015. Duff cited irreconcilable differences as the ground for the divorce.

Duff shared her failed marriage to Cosmopolitan in its April 2015 edition. She said, "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."

She added, "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."

The split was said to have been done amicably. Duff's representative stated, based on the same report by E! Online, "They remain best friends and will continue to be in each other's lives. They are dedicated to loving and parenting their amazing son, and ask for privacy at this time."

Here's a video of the family at Kings vs Rangers game in 2014.

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