Rep. Max Miller's custody fight with Sen. Bernie Moreno's daughter turns bitter over toddler's broken collarbone

By Alex Tanzer, 
updated on April 24, 2026

A contentious custody battle between Ohio Rep. Max Miller and his ex-wife Emily Moreno, the daughter of U.S. Sen. Bernie Moreno, has spilled into public view, with dueling court filings, a police investigation into a 2-year-old's broken collarbone, and a move to subpoena a sitting senator.

The dispute, reported by the New York Post, centers on the couple's young daughter and the circumstances surrounding injuries she sustained while in her father's care. Local police looked into concerns about the child's broken collarbone and bruised shoulder. That investigation is technically still listed as active, though authorities have not publicly divulged any conclusions.

Miller filed for divorce from Emily Moreno in 2024, not long after their daughter's birth. He initially agreed to pay $2,500 a month in child support. But the arrangement did not hold.

Competing allegations in court filings

Last month, Emily Moreno moved to overhaul their shared parenting agreement. In court documents, she painted a picture of a household defined by hostility and risk. She stated that Miller "regularly speaks to me in an inappropriate, aggressive and demeaning manner, which is not in the best interest of our child." She also alleged he "has conducted dangerous physical behavior in the child's presence."

Her filings went further. She told the court she does not believe joint decision-making serves her daughter's interests, writing: "I fear that attempting to make joint decisions, and the lack of cooperation from [Miller] in doing so, will cause direct harm to" the child.

Miller countered that his ex-wife's conduct had "become increasingly confrontational, irrational and somewhat bizarre." He alleged she made "repeated and unsubstantiated allegations of abuse" of their daughter to local police and family services. He pushed the court to mandate psychological evaluations for both parties to determine custody.

An attorney for Miller said the congressman was the one who received legal protection in the dispute, not the other way around. The attorney stated: "The only person who has been granted a restraining order by a court of law is Rep. Max Miller." The attorney added that the evidence brought against Emily Moreno "was enough to convince a judge that she was a threat to the Congressman."

Miller also claimed authorities had "apparently cleared" him regarding the child's injuries. But with the investigation still technically active, that characterization remains unconfirmed by any public statement from police.

Congress has seen no shortage of personal scandals and hidden misconduct among its members in recent years. This case stands out because it reaches directly into a second powerful political family.

A senator dragged into the fray

More recently, Miller moved to subpoena Sen. Bernie Moreno, Emily's father and a Republican populist from Ohio described as an ally of Vice President JD Vance and a former luxury auto mogul. The outcome of that subpoena effort is not yet clear from available filings.

The move to haul a sitting U.S. senator into a family court proceeding is extraordinary. It signals that Miller's legal team believes Moreno has relevant information, or that the subpoena itself is meant to apply pressure. Either way, it adds a volatile political dimension to a case already loaded with personal acrimony.

Emily Moreno's attorney, Andrew Zashin, did not hold back in his public response. He accused Miller of using the courts as a weapon against his former wife.

Zashin stated:

"If Mr. Miller is looking for an individual with abusive behavior, he should look in the mirror and past the veneers. Mr. Miller has already lost in court. His desperate and entirely false allegations against his ex-wife concerning their daughter were thrown out of court."

He went further, calling the allegations "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."

Those are strong words from a family law attorney speaking on the record. But they are claims from one side of a contested proceeding. Miller's side disputes them entirely, pointing to the restraining order the court granted in his favor.

Miller's background and prior controversy

Max Miller served in the first Trump administration, holding roles at the Treasury Department and as an associate director in the Presidential Personnel Office. He was elected to the House from Ohio in 2022 and is now a second-term congressman.

His personal life has drawn scrutiny before. Former White House press secretary Stephanie Grisham, Miller's ex-girlfriend, publicly alleged that a relationship with an unnamed White House staffer "turned abusive" and "had become violent." Miller filed a defamation lawsuit in response but voluntarily dismissed it in 2023.

That earlier episode, though it involved different parties and different allegations, now forms part of the backdrop against which the current custody fight plays out. The pattern of public accusation and legal counter-accusation is familiar.

Miller is hardly the only lawmaker whose personal life has become a public spectacle. Other members of Congress have generated headlines for conduct and absences that leave constituents with more questions than answers.

What remains unanswered

Several critical questions hang over this case. Police have not publicly stated whether Miller was cleared, investigated further, or remains a subject of inquiry, only that the case is technically still active. No court has publicly resolved the competing abuse allegations. The specific jurisdiction handling the divorce, custody filings, and restraining order has not been identified in reporting.

Nor is it clear what a court has done, if anything, with Miller's request for psychological evaluations or his subpoena of Sen. Moreno. The filings describe a legal battle in motion, not one that has reached any conclusion.

Contested divorces involving children are inherently ugly. They become something else entirely when both parties have access to political power, media platforms, and high-profile legal representation. The risk, for the child at the center of this, is that the fight becomes more about leverage than about her welfare.

The broader pattern of misconduct allegations reshaping political careers in Washington raises a harder question: whether the institutions around these lawmakers are equipped to hold anyone accountable, or whether the system simply absorbs the mess and moves on.

Meanwhile, members on both sides of the aisle have faced serious legal and ethical reckonings in recent sessions, a reminder that personal conduct and public trust are never truly separate matters for those who hold office.

At the center of this fight is a two-year-old girl with a broken collarbone and two parents who cannot agree on what happened. Courts exist to sort that out. The public spectacle helps no one, least of all her.

About Alex Tanzer

Real Talk. Daily.

No spin. No fluff. Just the hard truth. served straight. Every morning, we cut through the noise and deliver what really matters to hardworking Americans. No agendas. No media games. Just real talk you can trust.