Aaron Phypers Claims Denise Richards ‘Failed to File’ Adoption Papers for Daughter Eloise

In court documents filed on August 20 and obtained by PEOPLE, Phypers alleged that Richards had him sign adoption papers for her now 14-year-old daughter, but “failed to file them.”

Phypers referred to Eloise as his “daughter by bond of over nine years,” but claimed he has been left “legally without his daughter despite raising her as his own” since filing for divorce from Richards in July.

“This has caused immeasurable harm and demonstrates the imbalance [Denise] maintains in this matter,” Phypers said in his filing.

Richards has previously said that Phypers adopted Eloise in 2019, a year after the two tied the knot. The Real Housewives of Beverly Hills alum first adopted Eloise as an infant in 2011. Eloise was later diagnosed with a deletion in chromosome 8 in 2016. Richards also shares daughters Lola, 20, and Sami, 21, with ex-husband Charlie Sheen.

Phypers’ new claims came in response to Richards’ own filing a day earlier, asking a judge to order Phypers and his family to vacate their Calabasas home so she could safely retrieve her dogs and belongings without violating a restraining order currently in place.

Richards alleged she moved out of the property two years ago, leaving Phypers and his family to live there temporarily. She also claimed she told him in January that he would be solely responsible for the rent. According to Richards, she was later notified eviction proceedings would begin on August 23.

In her filing, Richards said 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 said in his response that he does “not oppose [Denise] retrieving her undisputed personal items and her mother’s items, and ensuring the dogs’ welfare,” but pushed back against “any open-ended access or removal beyond an agreed, itemized list.”

He also asked to retrieve his own belongings from Richards’ three townhomes, including “personal belongings, office electronics, tools, furniture, files, books, gym equipment, a motorcycle, appliances (refrigerators, dishwasher), building materials (fasteners, wires, cabinets), computers, laptops, and generators.”

“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,” Phypers stated.

Phypers further alleged that Richards has “sole control over marital funds” and is withholding “office/trade equipment for more than 50 days.” He’s requesting Richards contribute to his $75,000 in attorney fees and pay $140,500 toward seven months of past due rent, HOA fees, and utilities.

The filings also revive tensions over Richards’ dogs. Earlier this month, her lawyer claimed she went to retrieve her pets after learning Phypers had put one of them down :without her knowledge or permission.” Phypers defended the decision to PEOPLE at the time, saying the dog had cancer and alleging that “Denise hasn’t interacted with the animals in two years.” Richards claimed she only left the dogs at the Calabasas property temporarily while undergoing surgery in May.

Phypers also claimed that his mother, Patricia, and brother, Brett, have been caring for Richards’ 34 dogs for over three years “without pay,” estimating the unpaid labor at $638,750. He added that his mother even bought 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,” a source close to Phypers told PEOPLE.

Phypers also alleged that Patricia provided “countless unpaid childcare hours for Eloise, often covering 17–20 consecutive days” while he and Richards traveled.

As for Richards’ previous accusations that Phypers was abusive, he continues to deny that he ever physically harmed her. He claimed instead that he “has been the one deprived of property, income, and access to his child and family resources.”

Phypers also reiterated allegations that Richards engaged in “infidelity and adultery during the marriage, despite prior assurances that the conduct would end.”

Phypers latest claims come after Richards broke her silence on the divorce in an emotional Instagram video shared on Thursday, in which the Wild Things alum opened up about their ongoing relationship drama, calling “difficult” and revealing she’s done pretending everything is fine for the camera.

“It’s so hard to go through a divorce,” the 54-year-old actress said. “This isn’t my first one, it’s my second one, and I never thought I’d get divorced again. This is why I always say, ‘Never, say never.'”

Richards added that she could no longer “continue posting on Instagram like nothing’s going on… because there’s something obviously going on.” She also acknowledged that the support of her fans has meant everything during this painful period.

“I just wanted to say thank you so much,” Richards shared. “It makes me want to cry seeing your messages, because this is a very difficult time and you guys are all helping me through it.”

While she’s not spilling all the details on their split just yet, Richards did promise fans that “one day I will talk about it, when the time is right.”