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Kim Zolciak‘s estranged husband, Kroy Biermann, has asked a judge to grant him sole custody of their four minor children, including Kroy “KJ” Jagger, 14, Kash, 13, and twins Kaia and Kane, 11, citing the 47-year-old Real Housewives of Atlanta alum’s alleged absence from their lives.
As Kim prepares to take the stand amid the $100 million divorce between her new boyfriend, Kyle Mowitz, and his estranged wife, Jillian Green, after being subpoenaed at the end of last year, Kroy, 40, is hoping to have their temporary joint custody agreement modified.
According to court documents obtained by TMZ on March 30, Kroy accused Kim of committing “fraud and deceit” when she signed the agreement for joint custody, and he noted that she’d left the country for weeks.
As he noted in his paperwork, Kim saw the children just once between February 26 and March 29, and, on the day she did have them, one of them was bitten by a dog.
“The facts surrounding [Kim’s] misguided parenting of the children, lack thereof, and blatant mismanagement of basic parenting responsibilities would be practically unbelievable to anyone not familiar with the circumstances,” he alleged, adding that Kim had also skipped out on therapy, which was part of their agreement.
Meanwhile, in a statement of her own to TMZ, Kim accused Kroy of lying.
“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 declared. “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.”
News of Kroy’s custody filing came just one day after TMZ confirmed Kim had agreed to be questioned by Jillian’s attorneys. Per court documents, the parties made a deal in which Kim would answer questions, but the transcript from her deposition would be kept private.
As RHOA fans may have heard, Jillian, who married Kyle in 2017, subpoenaed Kim in 2025 in hopes of questioning her about potential money, gifts, and loans that she may have received from Kyle, also requesting that Kim submit all communications with Kyle in relation to what she had gotten.
In response to the subpoena, Kim called the legal move “unreasonable, oppressive, and intended to … embarrass [me].”