Kim Zolciak has spoken out after temporarily losing primary physical custody of her four children with ex-husband Kroy Biermann in a new ruling within their ongoing legal dispute. Court documents obtained by the Daily Mail on Friday reveal that a judge granted Biermann's emergency request concerning custody of their children — Kroy Jr., 14, Kash, 13, and twins Kaia and Kane, 12 — after he alleged Zolciak was 'unstable and unfit' as a parent.
Joint Legal Custody Maintained
Despite this decision, the former couple will continue to share joint legal custody, meaning both retain formal decision-making rights. However, Biermann has been awarded final authority over major issues including education, non-emergency medical care, and religious upbringing. Under the arrangement, both parents will also maintain scheduled parenting time, with the children splitting time between households on alternating weekends.
Zolciak's Response
The former Real Housewives of Atlanta star responded to the ruling in a statement to the Daily Mail and addressed the situation on her Instagram Stories on Monday. She said: 'The senior judge’s decision from April 29th is temporary until we return to court as soon as possible when we will have the opportunity for a full hearing.' She added that the new order resulted from an alleged emergency motion filed by Biermann to ensure the matter was heard by a senior judge instead of their assigned judge, who she claims never granted Biermann an immediate hearing despite three separate motions. Zolciak also criticised the guardian ad litem's investigation, stating: 'The decision rendered by the senior judge was largely the result of a flawed investigation by a guardian ad litem who has not spoken to me in over a year (until a brief call with me and my attorney on April 28th), or my oldest boys since July of 2025.' She concluded: 'While I want this process to be over for my children more than anything, I am looking forward to a full court date when we will finally be provided with an opportunity to present the truth.'
Biermann's Allegations
The ruling comes amid escalating tensions, with Biermann filing emergency motions earlier this month accusing Zolciak of neglect and prioritising her public image over the children's welfare. In his filing, he alleged she is 'more selfishly concerned with her own image and her work options' than their children's wellbeing, and described her as 'unstable and unfit.' He also argued that all four children should live under one roof. According to court documents, Biermann asked a judge to transfer custody to him, alleging his wife has been flouting parental responsibilities. He accused her of 'blatant mismanagement of basic parenting responsibilities' that would be 'practically unbelievable to anyone not familiar with the circumstances.'
Zolciak's Denial
Zolciak refuted the claims in a statement shared with the Daily Mail through a representative: 'These accusations are completely false and nothing more than a deliberate attempt by Kroy to defame my character. I spent five weeks away working on two TV shows to support my family and make sure my children are cared for – something I will never apologize for.' She added: 'I refuse to be bullied or have lies twisted into a narrative about who I am. I will not stay silent, the truth is on my side, and it will come to light – no matter how hard anyone tries to bury it.'
Background of the Divorce Battle
In addition to her children with Biermann, Zolciak has daughters Brielle, 29, and Ariana, 24, from previous relationships. Biermann adopted them after marrying in 2011. The latest development follows a mediation session on January 27 to sort out temporary child custody. Biermann claimed in his filing that Zolciak had been traveling extensively out of the country, failing to parent on agreed dates from February 26 through March 29, except for March 9 when a child was bitten by a dog. He also alleged she entered the temporary parenting plan 'in bad faith,' and accused her of 'fraud and deceit' for pushing for joint custody while not intending to adhere to the terms. Biermann further claimed that when Zolciak was parenting, she allowed children to miss therapy sessions and failed to meet her own therapist requirements. He expressed readiness to show through expert testimony that Zolciak is 'both unstable and unfit as a custodial parent,' asking the court to award him sole custody. The two Bravo stars have been separated since May 2023, with their divorce fight beginning in August 2023.
