After a nearly decade long engagement, ex-couple Jennifer Hudson and David Otunga are at odds over the custody of their 8-year-old son, David Jr. Hudson.

In a statement sent to Billboard, Hudson filed and was granted a protective restraining order against Otunga.

“Jennifer Hudson and David Otunga have been in the process of ending their relationship for a number of months,” says Hudson’s reps.

“Today, Jennifer requested and received a protective order against her ex-fiancĂ©. Jennifer’s actions are solely taken in the best interest of their son. Please respect her privacy at this time.”

TMZ is also reporting the break-up is over Hudson’s alleged affair with producer Mali Music, as the pair was “Secretly dating for months before the confrontation.”

The singer’s representatives say the legal motion is in “The best interest of their son.” Otunga released a statement through his attorney, Tracy Rizzo, via TMZ, “David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now. However, when it became apparent to Ms. Hudson that Mr. Otunga would be the parent granted residential care of the child, as a result of Mr. Otunga being the child’s primary caregiver while Ms. Hudson pursues her career all over the world, Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute.”

The 37-year-old maintained his innocence saying his ex-fiance gave “An award winning performance in court to portray herself as the victim. Mr. Otunga has never abused or harassed Ms. Hudson or their son.” The former couple never officially got married after dating for less than a year and becoming engaged back in 2008.

Jennifer Hudson