Credit: Xavier Collin/Image Press Agency/MEGA
Kandi Burruss‘ estranged husband, Todd Tucker, wants primary custody of their two children, nine-year-old son Ace and six-year-old daughter Blaze.
In response to the 49-year-old Real Housewives of Atlanta alum’s divorce filing, which she made on November 21 after 11 years of marriage, Todd, 52, requested custody of the kids as he seemingly attempted to negate the prenuptial agreement they signed ahead of their April 4, 2014 wedding, alleging that he was pressured into signing the document without a legal team present.
According to a December 1 report from Us Weekly, Todd explained in his November 26 filing that Ace and Blaze were in his care and living with him at his Georgia home as Kandi tended to “out-of-state work obligations,” which “will continue to require her to be away from the children for at least the next several months.”
“The parties have been working cooperatively in an effort to resolve all issues, and [Todd] remains committed to continuing those discussions in good faith,” his documents stated.
Todd then said that “in the hopefully unlikely event” that he and Kandi were unable to make a deal, he would go after primary physical custody, joint legal custody, and “final decision-making authority.”
Still, he wants Kandi to have “substantial time and meaningful access to the children.”
“[Todd] wishes to make clear that he recognizes [Kandi] as a loving and capable parent and remains sincerely hopeful that prior and continued discussions between the parties will bring full resolution of all matters,” the documents continued.
As for their prenuptial agreement, Todd’s lawyer said the deal “was presented to [Todd], without [Todd] having counsel, even though [Kandi’s] then counsel had communicated previously with [Todd’s team] regarding a potential prenuptial agreement.”
“Despite that knowledge, [Kandi’s] counsel presented the final agreement to [Todd] for signature immediately before the wedding ceremony, without any notice to or consultation with [Todd’s team], who had been significantly engaged in the negotiation process,” the attorney continued. “These circumstances raise substantial questions concerning the enforceability of said document. Nevertheless, [Todd] remains committed to working in good faith to resolve this matter amicably and privately to the extent possible.”
In addition to demanding a “division of all marital assets, both real and personal, tangible and intangible, between the parties,” Todd noted that he would potentially ask for alimony if the prenuptial agreement was unenforceable.
Kandi confirmed she and Todd had split on November 21, but she listed their separation date as July 15 in her divorce request.
“After deep thought and a lot of prayer, I’ve made the decision to move forward with a divorce. This is a difficult and emotional time, but my focus remains on protecting my peace, being the best mother I can be, and co-parenting with love and respect,” she said in a statement to PEOPLE. “I’m stepping into a new chapter pouring into my work, my family, and my own growth. I’m grateful to everyone who supported us throughout the years, and I ask for privacy, grace, and understanding as we navigate this transition with our family.”