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Kim Zolciak Temporarily Loses Primary Physical Custody of Kids in Kroy Biermann Divorce Battle
Bentley Madd · 2026-05-02 · via E! Online (US) - Top Stories

Kimora Lee Simmons and Husband Tim Leissner Break Up, He Files for Divorce Amid Prison Sentence

Kim Zolciak is facing a legal setback.

The Real Housewives of Atlanta alum has temporarily lost primary physical custody of her and ex Kroy Biermann’s four minor kids, according to court documents obtained by E! News May 1.

A Georgia judge ruled that Kim and Kroy will continue to share joint legal custody of the kids, but Kroy will have the final say when it comes to educational, non-emergency medical and religious decisions, per the docs.

Following the court’s decision, Kim—who filed for divorce from Kroy in May 2023 after 11 years of marriage—reacted to the update.

"While I want this process to be over for my children more than anything,” she shared in a May 1 statement to E! News, “I am looking forward to a full court date when we will finally be provided with an opportunity to present the truth."

E! News has reached out to a rep for Kroy for comment but has not heard back.

Last month, Kroy filed an emergency request for permanent physical and legal custody of the kids—K.J., 14, Kash, 13, and twins Kaia and Kane, 12—saying Kim was “both unstable and unfit” as a parent and is “more selfishly concerned with her own image and her work options than with the opinions of experts and/or the best interest of the children,” according to the filing obtained by TMZ.

Kim’s lawyer denied those allegations, telling TMZ in a statement, “[Kroy’s] decision to file this motion lacks factual support and is unwarranted. We will address these claims in the proper legal forum and will vigorously defend the truth in court, rather than through public discourse.” 

Paras Griffin/GC Images

Meanwhile, Kroy also filed for sole custody of their four kids in March and claimed that the Bravo star exhibited “blatant mismanagement of basic parenting responsibilities” that would be “practically unbelievable to anyone not familiar with the circumstances,” per court docs obtained by Us Weekly.

Kim, however, strongly disagreed with his claims.

“These accusations are completely false and nothing more than a deliberate attempt by Kroy to defame my character,” she told the outlet at the time. “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 judge in the case approved a temporary parenting plan in which the kids remained with Kroy while Kim completed four sessions of therapy. Once completed, Kim and Kroy would “resume operation under the existing court-ordered parenting plan, which otherwise remains in full force and effect until further agreement and/or modification by this court,” per the court’s decision obtained by Us Weekly April 3.

For a deeper dive into the timeline of Kim and Kroy’s messy split, keep reading… 

Getty Images

It's Over!

The ring no longer meant a thing to Kim Zolciak when she filed for divorce from Kroy Biermann after 11 years of marriage on May 8, 2023.

According to documents obtained by TMZ, the couple's date of separation was listed as April 30, 2023, with The Real Housewives of Atlanta alum saying their marriage is "irretrievably broken with no hope of reconciliation."

Kim—who shares Kroy Jr., Kash, as well as twins Kane and Kaia with the former NFL player, and is also mom to Brielle and Ariana—also requested primary physical custody of the kids and joint legal custody, per the docs.

Instagram

Legal Matters

One day after Kim's filing, Kroy made his own custody play when he also submitted a request for sole legal and physical custody of their four children. 

Per legal documents obtained by E! News, Kim was served a summons requiring her and Kroy to complete a domestic intake worksheet that monitors the treatment of their kids over 30 days.

While both stars were still residing in their Georgia home when they announced their divorce, Kroy asked in his filing to be "awarded exclusive, temporary and permanent use and possession" of the property as well as any others he purchased while they were married.

Instagram

Court Drama

On May 16, 2023, the Don't Be Tardy star filed a motion requesting her ex undergo drug testing. In documents obtained by E! News, Kim alleged she has seen Kroy "smoking marijuana, and she has serious concerns for the safety and well-being" of their kids. Per the docs, Kim requested a five-panel hair follicle drug screen so that the court can determine custody arrangements for the children. She also asked that Kroy not cut his hair before the screening.

Instagram

Getting Cryptic

On the same day she filed her request, Kim shared a cryptic message about relationships on social media.

"The highest form of love is consideration," a quote shared to her Instagram Stories read. "When someone thinks about how things would make you feel. Pays attention to detail. Holds you in regard when making decisions that could affect you. In any bond, how much they care about you can be found in how much they consider you." She then added the 100 emoji.

Instagram

Bombshell Breakup

Kim took to Instagram to share another arcane message about relationships on May 24, 2023

A quote reshared to Kim's Instagram stories read, "Manipulation is when they blame you for your reaction to their toxic behavior, but never discuss their disrespect that triggered you." Below the quote in all caps Kim wrote, "Read that again..."

The couple's contentious split not only took their fans by surprise, but also Kim and Kroy's former boss Andy Cohen.

"I was very surprised," the Watch What Happens Live host admitted on SiriusXM's Andy Cohen Live May 9, 2023. "That was not the news I ever expected to get. They seemed so much in love and just together. I mean, they were a couple that, yeah, I thought they were in it for the long haul."

Instagram

Family Support

Amid the divorce drama, Kim's eldest daughters Brielle and Ariana—who Kroy legally adopted after marrying the Bravolebrity—penned messages to their mom for her 53rd birthday.

"You are the strongest woman I know!!!" Ariana wrote alongside an Instagram Stories snap of her and her mom at the beach on May 19. "Thank you for all you do! I am so proud of you mom! cheers to 53."

As for Brielle, she shared a photo of herself alongside her mom drinking wine to her Instagram Stories, writing, "Happy birthday mom! I love you so much!"

Prince Williams/Wireimage

Name Change

Weeks after filing for divorce, Kim made things Instagram official by dropping her married name from her social media platforms.

Kim debuted her new handle while teasing her return to RHOA. Alongside a photo of her posing with fellow series originals Lisa Wu, DeShawn Snow and Sherée Whitfield, Kim wrote in the June 8 post, "See you soon."

Paras Griffin/Getty Images

Another Chance

Just two months after announcing their split, Kim and Kroy decided to give their marriage another chance.

The RHOA alum filed papers July 7, 2023, to dismiss their divorce case, according to Georgia court documents obtained by E! News. Meanwhile, the former NFL star's attorney, Marlys A. Bergstrom, told E! News that "the parties are dismissing their divorce action and attempting a reconciliation."

The news came days after Kim and Kroy were photographed walking to church together with their four younger kids.

Instagram

Bling Ring

Days after calling off their divorce, Kim proved the ring once again means a thing by rocking her wedding ring in a July 11, 2023, Instagram Story.

Paras Griffin/GC Images

Second Attempt at Divorce

The couple's attempted reconciliation unfortunately failed. On Aug. 24, 2023, Kroy filed for divorce again, according to TMZ. Stating their marriage is "irretrievably broken," he wants sole legal and sole physical custody of their four kids moving forward, and is asking for child support as well as alimony.

Charles Sykes/Bravo/NBCU Photo Bank/NBCUniversal via Getty Images

Ongoing Marital Relations

On Sept. 25, 2023, Kim filed a new motion to dismiss Kroy's second petition for divorce alleging she and her husband of 11 years are still sleeping together amid their ongoing breakup.

"Contrary to the claims made in the Petition for Divorce, the parties have engaged in marital sexual relations on multiple occasions since the filing of the Petition for Divorce," the Bravo star claims in legal docs obtained by E! News, "and most recently on or about September 7, 2023."

Instagram/Kim Zolciak

Anniversary Date Night

Despite their ongoing split, Kim and Kroy reunited to celebrate their 12th wedding anniversary on Nov. 11, 2023 over an intimate Italian dinner.

J. Kempin/Getty Images for Extra

Third Time's a Charm?

The couple resumed their divorce proceedings in February 2025, with Kroy describing his marriage to the "Tardy to the Party" singer as "irretrievably broken" in his divorce papers.

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