Kim Zolciak Fires Back After Temporary Custody of Children Awarded to Kroy Biermann Amid His 'Unstable' Claim

A report surfaced a few days ago stating Real Housewives of Atlanta and Don’t Be Tardy alum Kim Zolciak had lost primary custody of her children for now after her ex Kroy Biermann had claimed she was neglectful.

via: Daily Mail

Kim Zolciak spoke out after temporarily losing primary physical custody of her four children with ex-husband Kroy Biermann in a new ruling in their ongoing legal battle.

Court documents obtained by the Daily Mail on Friday show a judge granted Biermann’s emergency request regarding custody of their children - Kroy Jr., 14, Kash, 13, and twins Kaia and Kane, 12 - after he alleged Zolciak was 'unstable and unfit.'

Despite the 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 set to split time between households on alternating weekends.

The former Real Housewives of Atlanta star responded to the ruling in a statement to the Daily Mail, and also addressed the situation on her Instagram Stories on Monday.

She began, ‘The senior judge’s (a 'retired' judge) 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’

The message continued, 'The new order was the result of an alleged emergency motion filed by Kroy to ensure the matter was heard by a senior judge instead of our duly elected assigned judge, who has never granted Kroy an immediate hearing despite him filing three separate (false) motions against me.

'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.

'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.’

The Daily Mail has also reached out to Biermann's representatives for comment.

The ruling comes amid escalating tensions between the former couple, with Biermann filing emergency motions earlier this month in which he accused Zolciak of neglect and claimed she is prioritising her public image and career prospects 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.

The athlete also argued that all four children should be living under one roof, describing Zolciak as 'unstable and unfit'

In addition to her sons and daughter with Biermann, Zolciak also has daughters Brielle, 29, and Ariana, 24, from previous relationships.

The former Atlanta Falcons linebacker adopted them after tying the knot with his estranged wife in 2011.

According to court documents obtained by the Daily Mail, Biermann asked a judge to transfer custody to him, alleging his wife has been flouting her parental responsibilities.

In a court paper, Biermann accused the media personality of 'blatant mismanagement of basic parenting responsibilities [that] would be practically unbelievable to anyone not familiar with the circumstances.'

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.'

The latest development in the exes' divorce battle comes after they sat for a mediation session on January 27 to sort out their temporary child custody agreement.

Biermann claimed in his filing that his ex had been traveling extensively out of the country and failed to parent their children on their agreed-upon dates from February 26 through March 29.

He alleged in a court paper that the only exception during that period was when Zolciak exercised her parenting time on the night of March 9, when one of their 'minor children was subject to a dog bite.'

Biermann additionally alleged in a court document that Zolciak entered into their temporary mediated parenting plan 'in bad faith, knowing at the time of agreement that she could not and in fact did not intend to adhere to the terms of agreement.'

He also accused her of 'fraud and deceit' for pushing for the temporary agreement, which gave them joint custody.

The former athlete alleged that, when Zolciak was in the country and parenting on her assigned days, she allowed their children to miss their scheduled therapy sessions.

Furthermore, he claimed his ex failed to meet with her own therapist for the minimum required number of sessions, and accused her of 'lying to the therapists.'

Biermann claimed he was prepared to show, 'through expert and witness testimony,' that Zolciak is 'both unstable and unfit as a custodial parent,' and asked the court to immediately award him sole custody of their children.

The two Bravo stars have been separated since May 2023, with their prolonged divorce fight beginning in August 2023.