Max Miller’s ex-wife, Emily Moreno, has filed a lawsuit against him on Wednesday, alleging he uploaded a nude photo of their daughter online, saying that Miller "recklessly published and disclosed to the world a nude image."

Moreno’s lawsuit claims Miller gave the photo to his lawyer, Aaron Minc, alongside information he wanted to use to combat the domestic abuse allegations.

Taking full responsibility for the image leak, Minc has said the photo's release was “completely unintentional.”

"I was the only person responsible for assembling, creating, reviewing, adding, deleting, redacting, or making any changes to the information and files that were in this folder,” Minc said in a statement.

The lawsuit alleges Miller to be “reckless,” adding that in the technological age, parents should be completely mindful of images that should go online, considering the access predators have.

Miller and Moreno have been in a lengthy custody battle amid their divorce fallout, as Moreno alleges Miller had a history of domestic abuse while the two were together.

In an effort to prove his innocence, the former advisor to President Donald Trump filed his own ethics investigation, saying, “In light of all the renewed interest in my family affairs, I am going to file my own paperwork for an ethics investigation into myself to clear my name from these horrific attacks on myself and my family. I have absolutely nothing to hide."

On Aug. 2, Miller took to social media, where he released a nearly 20-minute video titled “special announcement” responding to the domestic abuse claims, maintaining his innocence and vowing to remain on the Ohio race ballot despite calls for him to step down.

Miller listed several instances in which the alleged abuse occurred and provided his perspective on the situations.

According to Miller, claims that he abused his daughter on March 19, 2025, were closed by Child Protective Services following an investigation, noting no substantiated evidence was found; however, two childcare workers at the daycare in which his daughter attended were under investigation for abuse.

Another example Miller provided claimed Moreno called the police on him for improperly installing the child seat in the back of his vehicle. He said that police confirmed the seat was properly installed.

The third example given by Miller said that in February 2026, his daughter had broken her collarbone while at her mother's house, with him not present. He canceled a work-related trip to attend to his daughter, saying the injury was not caused by him.

In response to Miller’s announcement, his ex-father-in-law, U.S. Sen. Bernie Moreno broke his silence on the ongoing situation, saying Miller should not serve in the House of Representatives, calling his behavior “dangerous” and “erratic.”

On Monday, Miller announced that he will stay in the race for reelection to Ohio's 7th Congressional District after the deadline to withdraw from the November ballot passed.