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Funnyman Aries Spears (pictured) isn’t laughing too much these days after agreeing to give his estranged, Elisa Larregui (pictured), full physical and legal custody of their 3-year-old son, TMZ reports. Spears allegedly swung a baseball bat at Larregui during a domestic dispute last month.

Larregui has a restraining order against him and claims he nearly killed her during the bat incident. She also alleges that Spears is a verbally abusive parent, saying he was physically abusive with one of her children from a previous relationship. The 37-year-old comedian is court-ordered to stay at least 100 yards away from Larregui and her children, unless there is a prearranged visit.

She also plans on relocating to Florida, a move that Spears will reportedly flip the bill for.

Spears and Larregui were only married two years before she filed for divorce last month at Los Angeles Superior Court. The reason for their split is reportedly “irreconcilable differences.”

According to Spears’ lawyer, “The family is mending and for the moment, they have chosen to place some distance between themselves. Aries and Elisa have been communicating peaceably and have worked things out between themselves. Aries looks forward to spending quality time with his son.”

The couple has been separated since Feb. 5. It is also unclear as to how the couple will divide their assets.