Ariel Winter's Brother FLIP FLOPS She Belongs with My Dad

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Ariel Winter's brother was singing a different tune outside court this morning -- claiming his little sister belongs in the custody and care of their father ... and NOT with their mother.

Ariel's bro Jimmy Workman had previously submitted a declaration in support of his mother Chrystal Workman in her custody battle over the 14-year-old actress --denying allegations his mother physically and emotionally abused Ariel.

But outside court today, Jimmy said, "Hopefully my father gets custody of my sister, which it should be."

Meanwhile, Ariel's dad Glenn Workman filed his own declaration in the case, writing, "I am physically, emotionally, and financially capable of caring for my daughter, without limitation."

The judge just recessed for lunch, so he can read the reports from the Dept. of Children and Family Services.

Ariel Winter No-Show In Court

12:11 PM PST: The judge just recessed for lunch to read the DCFS reports. Back at 1:30

11:08 AM PST:
The judge said he just received mutiple reports from the L.A. County Department of Children and Family Services and is now reading them.

Ariel Winter will not be in court for the hearing which could determine if her sister gets a formal guardianship.

Ariel's sister, Shanelle Gray, will also be absent and that strongly suggests the court will not conduct a full-blown hearing today. The likely reason -- the judge is about to call the case, and as of now the report from the L.A. County Dept. of Children and Family Services has not been filed with the court. The DCFS report is vital to the decision.

The likely resolution today will be that the judge will keep the status quo -- meaning Ariel will stay with her sis until a formal hearing can be held.

Ariel Winter's Dad She Don't Need No Guardianship

Ariel Winter's dad just filed a stunning objection to the guardianship of his daughter Ariel, calling her "My Retirement Surprise Child."

Glenn Workman says in his declaration, "I am physically, emotionally, and financially capable of caring for my daughter, without limitation. No evidence has been produced that suggests any detriment to Ariel associated with my father-daughter relationship with her."

Glenn, who does not want daughter Shanelle to be Ariel's guardian, says, "I am a frugal and modest person with a moderate income who doesn't need Ariel's income to survive."

Glenn says he has a great relationship with Ariel, adding "We enjoy going on long walks together ... and I love to listen to her talk to me ... I find her to be very interesting."

Glenn also says, "I believe Ariel has demonstrated a lot of maturity and is at an age now that she should have more control over her finances."

Glenn never addresses allegations that his wife Chrystal physically and emotionally abused Ariel, except to say their relationship is strained.

Glenn says his daughter may be trying to grow up too fast, as evidenced by allegedly having an 18-year-old boyfriend.

Ariel Winter's Bro I'm Not Taking Sides .... BUT

Ariel Winter's brother filed court docs in the guardianship case in which he says he's not taking sides ... and then goes on to squarely take sides.

Jimmy Workman, an actor who famously appeared as Pugsley in "The Addams Family," says in his declaration -- obtained by TMZ -- he "NEVER" saw any physical or emotional abuse by his mother against Ariel. He concedes he saw "normal mother and daughter arguments and banter back and forth but nothing more."

Jimmy says the conflicts worsened when Ariel allegedly refused to break up with her boyfriend.

And then Jimmy says, "My position is not to take sides with anyone, but to get this family back to where it belongs." But the next sentence -- "I as well believe that Shanelle Gray is not the right person to have custody of my younger sister Ariel."

As you know, Shanelle has a temporary guardianship. The parties are back in court tomorrow and the judge could decide to make the guardianship permanent.

Ariel Winter All Smiles Before Court Date

Ariel Winter was out and about Sunday doing TOTALLY NORMAL 14-YEAR-OLD-GIRL STUFF... like chowing down on a snow cone -- days before her guardianship hearing.

Ariel and her older sister Shanelle Gray -- a.k.a Ariel's temporary guardian -- hit up the Farmer's Market in Studio City ... and smiled like two people who are really, really happy.

As TMZ previously reported ... the "Modern Family" star is the middle of a nasty court battle with her mother Chrystal Workman over guardianship ... after Ariel claimed she was physically and verbally abused. Ariel's mom has denied the allegations.

A judge has set a hearing for November 20.

'Modern Family' Art Imitates Life with Overbearing Stage Mom

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Ariel Winter stared down a crazed stage mother last night ... a woman hell bent on giving her daughter a competitive edge -- but it wasn't real life, it was the storyline on "Modern Family" ... wonder where they could've found inspiration for THAT plot line???

The episode -- which was most likely written and taped months ago -- featured Julie Bowen's character confronting the judges at an academic challenge after her daughter Alex (Ariel Winter) got eliminated.

An embarrassed Alex sees the confrontation and immediately tries to stop her mom -- "You're just mad because now you can't parade me around like some show pony!"

It all seemed eerily familiar to the non-fictional mother-daughter drama that's erupted between Ariel and Chrystal Workman behind the scenes.

As we reported, Chrystal has developed a reputation as a terror on the set ... in fact, sources say producers have blocked her from various places on the set, including hair and makeup.

So, was last night's episode a coincidence ... or a not-so-subtle message?

Ariel Winter's Babysitter Mom NEVER Abused Her ... In Any Way Whatsoever

More friends and family members are rallying around the mother of "Modern Family" star Ariel Winter -- including Ariel's old babysitter -- claiming Ariel's mom never abused her daughter ... sexually, physically, or emotionally.

Two new declarations have been filed in the custody case involving 14-year-old Ariel and her mother Chrystal Workman -- after a judge ordered Ariel be taken out of the home in light of abuse allegations.

Ariel is currently in the temporary guardianship of her older sister Shanelle -- but Ariel's former babysitter and her mom's cousin have both filed declarations supporting the return of Ariel to Chrystal's care.

The babysitter writes, "As a former licensed in-home daycare provider trained to recognize abuse, I saw no signs nor did I witness abuse of any kind (sexual, physical, or emotional) against Ariel."

Meanwhile, Chrystal's cousin calls Chrystal "a morally sound, extremely loving and protective parent."

The cousin writes, "It is without doubt that Ariel is thinking evidently of her age, without understanding the severity of her actions ... Still early in these teenage development years, Ariel must have limits that only a parent can determine" -- a thinly-veiled reference to Ariel's alleged tryst with an 18-year-old boy.

For Ariel's part -- her friends insist she isn't lying about the abuse ... and multiple sources say Chrystal is an overbearing stage mom whom "Modern Family" producers wanted to ban from the set.

A judge has yet to rule on Ariel's guardianship status.

Ariel Winter's Mom She Attacked Me and Said "I'll Make You Pay!"

Ariel Winter's mom told the guardianship judge when she confronted her daughter about her relationship with an 18-year-old boy, Ariel attacked her and threatened to make her pay ... this according to court transcripts obtained by TMZ.

Before the court heard Chrystal Workman's side, the judge heard exactly what we reported this morning ... that Ariel's mom, Chrystal was "a terror on the set of 'Modern Family' and that the producer and others there have expressed grave concern ..." this according to the lawyer for Ariel's sister.

The transcript chronicles the court hearing last month, at which the judge removed Ariel from the care of her mother and created a temporary guardianship.

According to the lawyer for Shanelle Gray, "The child [Ariel] is, apparently, struck repeatedly, slapped, hit, pushed, not so as to leave marks. Mother is smart enough not to do that."

But Chrystal fired back, "She is an actress so I'm sure she can cry at the drop of a hat." In other words, Chrystal was warning the judge that her daughter was making up her story.

The lawyer for Shanelle also claimed Chrystal "sexualizes the child," and showed the judge a pic of Ariel "dressed up to show off her breasts and otherwise."

The lawyer also mentions what we said this morning ... that people on the set of "Modern Family" were "having to sneak this child food because the mother deprives the child of food."

Shanelle, who was in court, told the judge her mom physically abused her 20 years ago. But Chrystal said the allegation was false, and what really went down was that Shanelle ran off with a gang member wannabe and they found her at a crack house -- i.e., she has no credibility.

Ariel Winter's Mom 'Modern Family' Wanted Her Banned From Set

Ariel Winter's mom was an abusive menace on the set of "Modern Family" ... so much so, producers wanted her BANNED from set -- this according to a source close to the situation.

TMZ spoke with a source -- who worked on the show for over a year and had constant contact with Ariel -- who says Chrystal Workman (Ariel's mom) was "hated" by the crew, producers, actors and other mothers ... because she made Ariel's life a living Hell.

Specifically we're told Chrystal would sit on set and watch Ariel like a hawk -- and then berate her for her physical appearance, saying her ears were too big and she looked ugly in her clothes. She also blocked Ariel from eating anything but egg whites and raw veggies.

Our source tells us, the mom's obsession with Ariel's diet was so extreme ... crew members contrived a plan to "sneak" the 14-year-old food (like grilled cheese sandwiches) when her mom wasn't looking.

And there's more. We're told ... Chrystal was very vocal about Ariel's money -- claiming her daughter needed to rake in more cash to pay for their house, her agents, managers and publicists.

Our source adds, "I'm so happy for Ariel that she went to the extreme and got out from under that miserable woman's care."

As TMZ previously reported ... Chrystal has denied all allegations of physical and / or verbal abuse.

Ariel Winter I Was NEVER Intimate With That Boy

Close friends of Ariel Winter tell TMZ ... she NEVER got intimate with an 18-year-old boy, and her mother has manufactured the story to get back at her for trying to break from her maternal grip.

Ariel has told friends her mom is "flat out lying" when she claimed she walked into the guest bedroom and found her 14-year-old in bed with Cameron Palatas. One source says, "Ariel is so innocent, she never even kissed a boy until her first kiss in a 'Modern Family' episode."

Another independent and credible source tells TMZ ... he saw Ariel and Cameron kissing and "touchy feely" at a WWE party over the summer, but he did not see anything more intimate than that.

As we previously reported, Ariel's mom, Chrystal Workman, didn't report the alleged encounter to authorities for a long period of time, and only AFTER a judge gave Ariel's sister temporary guardianship of the girl and ordered Chrystal to stay clear of her.

Several sources close to Ariel say the girl believes her mom is lying to save face.

Ariel Winter's BFF She's BETTER OFF with Her Older Sister

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"Modern Family" star Ariel Winter is in a "much better situation" now that she's away from her mother and living with her older sister ... this according to one of Ariel's closest friends.

TMZ spoke with Sterling Beaumon -- a fellow child star who met Ariel on the set of a Nintendo commercial a few years ago. He also starred as a young Ben Linus on "Lost."

Beaumon tells us he's still very tight with Ariel -- and has had extensive conversations with the 14-year-old actress since a judge removed her from her mother's home and named her older sister Shanelle as her temporary guardian.

"Everything is good with her," Sterling said ... "She's in a much better situation now."

He adds, "I actually know her sister as well ... her sister is a wonderful girl, woman actually ... great person. "

When asked about allegations that Ariel's mother Chrystal has abused the actress both mentally and physically ... Sterling said, "I can say that [Ariel is] not lying ... there's no reason for her to lie about something like this."

While he wouldn't say if he saw any of the alleged abuse firsthand, Sterling added, "She's in a great situation now."

Ariel Winter & Sis They Might Be Giants Fans

Ariel Winter (right), her sister and her niece all donned their New Yorks Giants gear and hit up a farmer's market in Studio City, CA today.

The girls' support went for naught ... the Giants were killed in Cincinnati today, 31-13.

Ariel Winter Mother Was a Terror During Recent Film Shoot

Ariel Winter's mother was an overbearing stage mom who constantly criticized Ariel and ordered her never to leave her side ... this according to a source on the set of one of Ariel's recent movies.

In June 2010, Ariel filmed "The Chaperone," starring Triple H. But according to a source who worked on the film, Ariel's mom Chrystal acted like she was the star of the movie.

We're told Chrystal had her own director's chair and listened to each take on her headphones. After each take, Chrystal would pull Ariel aside to tell her what she did wrong.

Our source says Chrystal opinions weren't reserved just for her daughter -- she would often tell the writers and director what she thought of each scene. Our source says Chrystal would even order around the production assistants ... making them fetch her food from Craft Services.

The movie starred many other child actors, but we're told Ariel never got a chance to hang out with them because she was not allowed to leave her mother's side.

Our source adds ... while Chrystal seemed like the stereotypical, overbearing stage mom ... they never witnessed any sort of abuse.

Chrystal's antics weren't just reserved for Ariel. TMZ spoke with Chrystal's brother-in-law, who told us Chrystal acted the same way with Ariel's sister Shanelle when she was growing up.

The brother-in-law says Chrystal was extremely hard on Shanelle, controlling what she ate and how she looked.

Ariel Winter Pretty in Pink

Ariel Winter donned a cute pink dress as she, her sister Shanelle, and her niece Skylar ventured out on Saturday afternoon.

Winter has been staying with her older sister since being removed from her mother's home following allegations of abuse and her sister was awarded temporary guardianship.

Ariel's mother has accused Shanelle of trying take advantage of the situation for her own monetary gain. But as TMZ first reported, court records show that Ariel's temporary guardianship prevents anyone from having access to her money.

Ariel and Shanelle were spotted out yesterday as well, walking hand-in-hand as they visited a hair salon in Los Angeles.

Ariel Winter Grandfather's Statement: I Never Saw Any Abuse

Ariel Winter's grandfather claims he never witnessed any abuse of the "Modern Family" actress at the hands of her mother ... according to a declaration filed in the bitter guardianship case.

TMZ obtained a copy of the letter to the court in which James Batistas writes ... his daughter, Chrystal Workman is a "very good mother to all the children."

Batistas adds, "I have never seen any abuse from my daugther or son-in-law towards my granddaughters neither physical nor emotionally."

As TMZ first reported ... a judge ruled allegations Chrystal was abusing 14-year-old Ariel were serious enough that he removed Ariel from her mother's home. Ariel's older sister Shanelle Gray now has temporary guardianship.

In his letter, Batistas also points out that Shanelle came to live with him when she was 16 ... after she also accused her mother of abuse nearly 20 years ago.

However, multiple sources close to the family tell TMZ, Shanelle was actually in the foster care system for more than 2 years before Batistas took custody and moved her to his home in Virginia.

We're also told Batistas only sees his granddaughters about once every 2 years now -- since he still lives in VA -- but does maintain a close relationship with Chrystal by phone.

Batistas closed his letter by saying he wants to see his daughters and granddaughters back together.

Ariel Winter/Child Actors You Be the Judge

We broke the story ... 14-year-old Ariel Winter from "Modern Family" is now under a temporary guardianship after allegations her mother, Chrystal Workman, brutalized her.

It's a sad situation, so we gotta ask ...