Nick Loeb, the ex-fiance of "Modern Family" star Sofia Vergara, was granted permission to file a lawsuit allowing him to seek custody of the two frozen female embryos that were created with his sperm and Vergara's eggs when the two were still engaged, according to Entertainment Tonight.

Loeb's latest lawsuit follows his previous lawsuit that he filed last year to prevent Vergara from destroying the embryos, says People.

Because of Loeb's previous lawsuit, Vergara was forced to freeze the embryos, and now Loeb is seeking custody as he believes that the embryos are his daughters, Loeb's lawyer Christina Goodrich explained to Entertainment Tonight.

Vergara's lawyer Fred Silberberg has since fired back in defense of Vergara and accused Loeb of using this lawsuit as a way to keep his name in the press and maintain his fame.

"[The] plaintiff is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press," Silberberg told the Santa Monica, Calif., court on Friday.

According to ET, Silberberg also made the statement that "embryos are not children."

In addition to filing for custody of the embryos, Loeb is also accusing Vergara of physical abuse, People reports.

Loeb alleges that 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," during their relationship.

Vergara has yet to publicly respond to Loeb's lawsuit or physical abuse accusations. She has since moved on with actor Joe Manganiello, and the two are planning to get married sometime in the future.

When asked to share his opinion on Vergara and Manganiello's engagement back in December, Loeb told Us Weekly, "She is beautiful and majestic and therefore to be loved. Beyond all else in life she deserves happiness, the kind that only true love can bring."

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