Aaron Phypers is claiming his adoption of ex Denise Richards' 14-year-old daughter Eloise was never made official.
In court documents filed on Aug. 20 and obtained by PEOPLE, Phypers alleges family harm and claims Richards had him sign adoption papers for Eloise, his "daughter by bond of over nine years," but "failed to file them."
Since filing for divorce from Richards, 54, in July following six years of marriage, Phypers, 52, says he's been left "legally without his daughter despite raising her as his own."
"This has caused immeasurable harm and demonstrates the imbalance [Denise] maintains in this matter," he says.
A rep for Richards could not be reached by PEOPLE.
The actress adopted Eloise, who was diagnosed with a deletion in chromosome 8 in 2016, when she was an infant. Richards also shares daughters Lola, 20, and Sami, 21, with ex Charlie Sheen.
Richards claimed that, although she and Phypers are both named on the lease, she moved out two years ago under the guise that his family would only be living there temporarily.
The Real Housewives of Beverly Hills alum further alleged that she told Phypers he would be solely responsible for the rent in January and that she was notified on July 24 that eviction proceedings would begin on Aug. 23.
Richards stated that she "will have no way of retrieving my dogs and belongings in a safe manner that ensures Aaron and his family do not come near me or harm me" without a court order.
Phypers offers three new dates for retrieval "with conditions that protect both parties from conflict and prevent removal of disputed or community property."
While Richards is retrieving her belongings, Phypers asks to be allowed to retrieve his "personal and business property" stored at the three townhomes Richards lives in "concurrently or within the same court-ordered window."
"These include personal belongings, office electronics, tools, furniture, files, books, gym equipment, a motorcycle, appliances (refrigerators, dishwasher), building materials (fasteners, wires, cabinets), computers,laptops,and generators," he says."Several of these items are owned by third parties and merely loaned...prompt retrieval is essential to avoid loss,liability,or claims from the actual owners."
During retrieval, Phypers asks that both parties be off-site with only movers and animal handlers present, that law enforcement be on standby, that the parties coordinate a pre-exchange list, that electronics or data-bearing devices be absent, that retrieval be done in a two-hour window from 9 a.m. to 5 p.m., that there’s video documentation of entry and each removed item and that disputed items stay pending stipulation or further order.
He is asking that Richards contribute towards his $75,000 attorney fees, as well as $140,500 "to address arrears" including seven months of past due rent, HOA fees and utilities.
On Aug. 3, Richards previously went to Phypers and his family's Calabasas house so she could "retrieve her dogs after learning that Mr. Phypers had put down one of her other dogs without her knowledge or permission," her attorney said at the time.
Phypers told PEOPLE at the time that he put the dog down because she had cancer and alleged that "Denise hasn't interacted with the animals in two years." In her recent filing, Richards said she only temporarily left the dogs at the Calabasas home in May when she was getting surgery.
He claims their care has amounted to $638,750 in unpaid labor.
He claims the family has endured more than 90 days "without gas or hot water while living with the animals" and that Patricia purchased dog food out of her "small pension."
"Just because the kennel staff is family doesn't mean they should be doing it for free and be supplying the dog food,vitamins and health care with no reimbursement,"says a source close to Phypers.
Phypers adds Patricia "also provided countless unpaid childcare hours for Eloise,often covering 17-20 consecutive days"while he and Richards traveled.
Richards previously said in court documents "Aaron regularly threatened to 'break my jaw' and would cry,beg me to stay,and promise to get help--none of which ever happened."
Phypers claims he "never physically harmed"Richards and "has been the one deprived of property,income,and access to his child and family resources."
Phypers again repeats his claims that prior to their split,Richards engaged in "infidelity and adultery during the marriage,despite prior assurances that the conduct would end."