The deadline for Brad Pitt to file a response to Angelina Jolie’s divorce papers has come and gone, but is he just giving up and letting his ex get sole physical custody of the kids like she wants?

Brad Pitt, 52, and Angelina Jolie, 41, may be getting a divorce, but it turns out they don’t want things to get too ugly between them — especially for the sake of their six children. In order to avoid a vicious legal battle, the actor opted not to file divorce papers in the one month window he had to respond to Angie’s original filing.

Here’s where the pair stand: Angelina filed on Sept. 19, asking for sole physical custody of the kids, which, obviously, Brad is not okay with. However, if he responded asking for the joint legal/physical custody he wants, it would open up a custody battle that could turn ugly, according to TMZ.

The site reports that both Angie and Brad want what’s best for the kids, which means they’re now acting amicably, and could possibly settle things privately. Of course, there’s still the whole ordeal with with the Department of Child Services: Brad is being investigated for alleged child abuse, and he’ll obviously have a much stronger argument if the case is dismissed.

The 52-year-old is currently allowed supervised visitation with his kids, and has had two emotional reunions with the five youngest so far. However, things with Maddox, 15, who he allegedly got into a physical altercation with in September, have been much more difficult — the teenager wasn’t there for the first meet up, and didn’t see his dad until Oct. 19 after a therapist recommended they take some more time apart. We will continue to update you on the latest!

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