Hilary Duff's estranged husband wants joint custody of their son, Luca.

Hilary Duff and Mike Comrie

Hilary Duff and Mike Comrie

The 'All About You' hitmaker requested primary physical custody of the three year old when she filed for divorce from Mike Comrie in February, but he is now demanding more time with the little boy.

A source close to the former couple, who separated in early 2014, alleges the 27-year-old star is worried about the former ice hockey player's partying and only wants him to have visitation.

According to court documents, obtained by gossip website TMZ.com, Mike, 34, acknowledges that they have a prenuptial agreement, which will decide how they separate their finances and assets.

Hilary recently insisted the pair would always work together to take care of Luca.

She said: "We are a unit and we're going to be a unit for the rest of our lives.

"We realised [as a couple] we weren't where we used to be. But I feel so lucky this happened when Luca was young because this is his normal now."

The former Disney star previously refused to rule out the possibility of rekindling their relationship and admitted she still loved Mike in November.

The 'Younger' star said at the time: "We're uncoupled for now...If there wasn't a chance of getting back [together], we would have filed for divorce..."


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