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Rep. Max Miller's divorce from Sen. Bernie Moreno's daugh...
Ryan King · 2026-04-24 · via New York Post

WASHINGTON — Ohio Rep. Max Miller is mired in a messy custody battle with his ex-wife that has involved a police investigation into their 2-year-old’s broken collarbone, court documents reveal.

The former Trump aide had filed for divorce from Emily Moreno in 2024, not long after the birth of their daughter and initially agreed to an arrangement where the congressman ponied up $2,500 in child support each month.

But last month, Emily, who is the daughter of Sen. Bernie Moreno (R-Ohio), moved to overhaul their shared parenting agreement, citing concerns about his behavior.

Miller “regularly speaks to me in an inappropriate, aggressive and demeaning manner, which is not in the best interest of our child,” she wrote in court documents first reported by TMZ.

Republican U.S. Rep. Max Miller speaking at a rally.

Rep. Max Miller previously faced abuse accusations from Stephanie Grisham. AP

Rep.-elect Max Miller arriving for New Member Orientation.

Revelations about the abuse accusations come amid a reckoning in Congress over lawmakers’ behavior. AP

“[Miller] has conducted dangerous physical behavior in the child’s presence,” she added. “I do not believe it is in our child’s best interest for [Miller] and me to jointly make a decision for her.”

“I fear that attempting to make joint decisions — and the lack of cooperation from [Miller] in doing so — will cause direct harm to” their daughter.

That drew the congressman’s legal wrath. Miller countered that his ex-wife’s conduct has “become increasingly confrontational, irrational and somewhat bizarre.”

He then alleged that she “repeated and unsubstantiated allegations of abuse of” their daughter to local police and family services.

Specifically, police looked into concerns about their daughter’s broken collarbone and bruised shoulder while the congressman was watching her.

The Ohio rep claimed that local authorities investigated the matter and “apparently cleared” him, but made sure he had a booster seat installed properly in his vehicle.

But an investigation into possible child abuse is technically still listed as active by local police. And the police have not publicly divulged any conclusions from the probe.

Miller pushed the court to mandate that both he and his ex-wife undergo psychological evaluations to determine custody.

”If Mr. Miller is looking for an individual with abusive behavior, he should look in the mirror and past the veneers,” Emily’s attorney Andrew Zashin said in a statement. 

Sen. Bernie Moreno attending a working lunch at the Shield of the Americas Summit.

Max Miller has sought to subpoena information from Sen. Bernie Moreno as part of the messy custody fight. AP

More recently, Miller moved to subpoena his ex-father-in-law, Bernie, a populist ally of Vice President JD Vance and former luxury auto mogul.

Mr. Miller has already lost in court, Zashin added, “His desperate and entirely false allegations against his ex-wife concerning their daughter were thrown out of court.”

“These baseless claims are nothing more than a cynical attempt by Mr. Miller to weaponize the legal system against his ex-wife, a strong, loving mother who refuses to submit to his coercive control.”

Miller, who was elected to the House in 2022, did multiple stints in the first Trump administration, including a Treasury Department role, serving as an associate director of the Presidential Personnel Office, and as a special assistant to the president.

The second-term congressman previously had a nasty defamation battle with former White House press secretary Stephanie Grisham, his ex-girlfriend, over her book detailing their allegedly toxic relationship.

She publicly alleged that her relationship with an unnamed White House staffer “turned abusive” and “had become violent.” Miller voluntarily dismissed that suit in 2023.

When asked for a comment, Miller’s team referred The Post to his attorney’s statement.

“The only person who has been granted a restraining order by a court of law is Rep. Max Miller,” an attorney for the congressman said in a statement first given to TMZ.

“The evidence brought against his ex-wife Ms. Moreno was enough to convince a judge that she was a threat to the Congressman.”

Restraining orders are often given in divorce or custody battles, requiring the ex-spouses to stay away from each other until there’s additional consideration by the courts.