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Jason Sudeikis has lost his custody petition against his ex-wife with a judge ruling that their children’s home state is California, Page Six reports.

According to court documents obtained by the Daily Mail, the actress accused her ex, Jason Sudekis, of intentionally trying to “embarrass me professionally,” by having her served with papers while she was onstage during a Las Vegas event in April.

In his own filing, theTed Lasso star wrote that he is “very, very sorry that the incident marred her special moment,” and added that she was supposed to be served while at the airport.

Page Six reports that a judge sided with Wild stating that “New York does not have jurisdiction to hear the custody petitions as New York is not the home state of the subject children.”

The couple shares two children, 8-year-old Otis and 5-year-old Daisy.  The case will now likely continue in California.