Sofia's ex seek custody of embryos

Sofia Vergara's former fiance Nick Loeb is reportedly set to seek custody of their frozen embryos after a judge gave him permission to refile his lawsuit against the actress. Court papers from Sofia Vergara and Nick Loeb's lawsuit over frozen embryos show just how messy their fight has become – with the businessman accusing the Modern Family star of physical and emotional abuse. Though the 41-year-old actress recently told Redbook her relationship with with fiancé Joe Manganiello, 38, has been "so easy," her breakup with Loeb, 29, has been anything but. The two ended their engagement last year. Loeb, who is currently suing Vergara to prevent her from destroying two embryos the conceived through in vitro fertilization before the split, now claims he was abused during their relationship. In the court documents obtained by PEOPLE, Loeb alleges Vergara "physically abused him on four separate occasions: she punched him in the face on two occasions, kicked him, and threw her phone at this head." He also claims emotional abuse, stating she, "routinely bullied him," and called him a "loser" and "worthless." Vergara says her ex-fiancé's suit has absolutely no basis – and that it goes against agreements they both signed. "I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this," she told Good Morning America earlier this month. For now, Vergara seems to be putting the drama behind her and was recently all smiles in Boston at her son Manolo's college graduation, which she attended with Manganiello.