Jason Sudeikis Loses Bid to Keep Custody Case in New York: Report

The actor's custody claim against Olivia Wilde was dismissed this week after a judge ruled that their kid's home state is California.

Jason Sudeikis' custody petition against Olivia Wilde was dismissed this week after a judge ruled that their children's home state is California.

Sudeikis first brought a case against Wilde in New York City family court over their two shared children -- Otis, 8, and Daisy, 5 -- in October 2021. While he wants to live with the kids in Brooklyn, Wilde would like to be based in Los Angeles and potentially London, where her boyfriend, Harry Styles, also resides. 

Sudeikis is currently preparing to move back to the U.S. after finishing filming the third and final season of Ted Lasso in the U.K. Now that his initial claim has been dismissed, the case will likely continue in California. Wilde filed a petition to "determine parental relationship in Superior Court of California, in LA," on May 17. 

A legal filing acquired by Page Six and signed on Aug. 5 reads: "Judge Powell and this Referee agreed that New York was not the home state of the subject children; but rather California was the children’s home state." 

Also this week, Wilde fired back at Sudeikis after she was served custody papers on stage at CinemaCon in April. In sealed court filings obtained by The Daily Mail, Wilde accuses her children's father of malice with the highly public legal move. 

"Jason's actions were clearly intended to threaten me and catch me off guard," Wilde reportedly says in the new documents. "He could have served me discreetly, but instead he chose to serve me in the most aggressive manner possible."

Wilde was infamously interrupted on-stage in Las Vegas during a presentation for her upcoming thriller, Don't Worry Darling, in front of thousands of film industry executives, when a process server approached the stage to slide her a mysterious manila envelope labeled, "personal and confidential."

Sudeikis claimed to have been unaware of the manner in which the papers would eventually be served. A rep at the time said that Sudeikis "had no prior knowledge of the time or place that the envelope would have been delivered as this would solely be up to the process service company involved and he would never condone her being served in such an inappropriate manner."

"The fact that Jason would embarrass me professionally and put our personal conflict on public display in this manner is extremely contrary to our children's best interests," Wilde reportedly continues in the court filing. "Since Jason has made it clear that we will not be able to work this out for our children's sake outside of the court system, I filed a petition for custody in Los Angeles."