Danny Masterson has given complete custody of the couple’s daughter to his estranged wife.
As per records acquired by PEOPLE, the actor from “That ’70s Show,” aged 47, has granted full legal and physical custody of their daughter, Fianna, who is 9 years old, to his estranged wife, Bijou Phillips, aged 43. Masterson has sought visitation rights in this arrangement.
In her divorce filing against Masterson in September, Phillips sought full legal and physical custody of their daughter, requested spousal support for herself, and to “terminate the court’s ability to grant support” to Masterson.
Her request for divorce followed Masterson’s sentencing to 30 years to life in prison in his retrial for rape in September.
“Ms. Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter,” stated Phillips’ attorney, Peter A. Lauzon, in a statement provided to PEOPLE.
He went on to say, “This period has been unimaginably hard on the marriage and the family. Mr. Masterson was always present for Ms. Phillips during her most difficult times of her life. Ms. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter. She hopes that everyone will respect her family’s privacy in these difficult times.”
The divorce filing occurred after Phillips attended the courtroom during Masterson’s sentencing on September 7, as reported by Variety. In the courtroom, members of Masterson’s family were also present. A court sketch depicted the actor blowing a kiss to his wife just before he was escorted to prison.
According to an insider who spoke with PEOPLE, the actress was “distraught” over the sentencing. The source mentioned that Phillips was “surrounded by family and friends” throughout her husband’s legal challenges, adding, “She is in touch with his lawyer. They are planning appeals. She tries to stay hopeful.”
In May, a Los Angeles Superior Court jury declared Masterson guilty of two counts of rape, as reported by the Los Angeles Times. Following over seven days of deliberation, the jury could not reach a verdict on a third count of rape, as per the outlet’s report.
Masterson appeared relatively nonchalant in response to the verdict, as observed by L.A. reporter Meghann Cuniff. She mentioned that his family members were struggling to hold back tears, and Phillips herself began to cry upon his conviction.
A source had previously informed PEOPLE that Phillips was “surprised and deeply distressed” by the conviction.
“She was not ready for the verdict. She had never anticipated him being found guilty,” the source remarked. “She couldn’t believe that he was taken into custody right away and remanded.”
The source also mentioned that Phillips was “terrified about the sentencing.”