Hilary Duff’s estranged husband Mike Comrie is seeking joint custody of their 3-year-old son Luca, TMZ reports. The move comes after Duff had filed for primary custody of their son in her February filing.

According to TMZ, the only point of contention for the couple — who are agreeing to their prenup to sort out their assets — is their little guy. 

As previously reported, the Younger star wants primary custody of Luca because she’s concerned about Comrie’s partying. Just one day before she filed for divorce this past February, the Lizzie Mcguire alum’s ex reportedly drunkenly hit on a waitress at Mastro’s in Beverly Hills, throwing money at her and asking her for sex.

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"Hilary finally realized Mike wasn't going to change," an insider told Us at the time. "He totally blew it and chose to live life like he was single."

Duff, for her part though, has only had nice things to say about her ex since filing. In a recent interview with Cosmopolitan, Duff mused: "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."

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