Thea’s estranged husband, Dan Bernado, has been denied sole custody of their 1-year-old son, Somersault “Sumi”, after a legal battle.
A Los Angeles County judge on Wednesday rejected Barnado’s request, citing insufficient evidence in his decision and ordered him to abide by a previous custody agreement.
“The court finds that the emergency relief requested is not sufficiently urgent at this time,” court documents obtained by Page Six read.
“The parties entered into a stipulated legal custody and interim custody arrangement on August 1, 2025. Most of the facts alleged in Defendants’ RFO were known at that time.”
Representatives for Mr. Shea and Mr. Barnardo did not immediately respond to Page Six’s requests for comment.
In Monday’s filing, Barnado asked the court for sole custody of Sumi, arguing that 49-year-old Shea is a “serious and imminent danger” to the toddler and that she is the “only safe and reliable parent” for her son.
“Thea is an unfit and unreliable parent and suffers from substance abuse and addiction, making her unable to provide safe and stable care for Sumi,” medical oncologist Bernad argued.
“I am a physician, young and healthy, with no criminal history or drug or alcohol addiction issues,” he wrote.
Barnado went on to claim that the “Chandelier” hitmaker intentionally concealed, without any credible medical explanation, the fact that he tested positive for barbiturates and benzodiazepines and was hospitalized for two weeks in Los Angeles last month.
In addition to requesting sole custody, he also asked that his estranged wife submit to random and regular drug tests and that professionally supervised visits with Sumi be limited to three times a week for two hours.
Mr Thea, who admitted 15 years ago that he struggled with substance abuse, called Mr Barnard’s complaint an “attempt to weaponize” his sobriety and claimed he had been sober for six months.
She added that although her parents had repeatedly agreed to regular drug tests in the past, it was Mr Barnard who did not carry out the tests.
Sia has maintained full custody of Sumi since she filed for divorce from Bernad in March, two years after their marriage.
However, she claimed that the two agreed in August to limit Barnado’s professionally supervised visitation with her son, as the oncologist is reportedly under investigation by the Los Angeles Police Department and the Department of Children and Family Services over the discovery of “illegal child pornography” on Barnado’s computer hard drive.
According to a written statement filed by Thea in the case, the results of the investigation were inconclusive and the case was therefore closed.
Barnado denied any involvement in child pornography, instead accusing his estranged wife of fabricating evidence to limit his custody rights.
