Aries Spears, 37, has lost one battle in his upcoming divorce. The former MadTv star has relinquished custody of his 3-year-old son to his estranged wife, this following his alleged threat against her life with a baseball bat.

According to TMZ, Elisa Larregui, Spears' wife, filed for divorce on February 7. The reason for the split, she cited, was irreconcilable differences. Four days later, Elisa requested a restraining order against Aries after he allegedly swung a baseball bat at her. According to the restraining order, Larregui claims Aries was a verbally abusive father and that he had been physically abusive with one of her children from a past relationship. In the divorce documents filed, she demanded full custody of their son. After Larregui acquired a temporary restraining order, Aries agreed to give Elisa full custody.

Spears is also honoring the restraining order, staying 100 yards away from Larregui and their son (that is, unless there's a pre-arranged visit). And, given his soon-to-be-ex’s decision to move to Florida, Spears has also agreed to pay for the move. "The family is mending and for the moment,” said Aries Spears' lawyer, “they have chosen to place some distance between themselves...."

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