Kim Zolciak & Kroy Biermann’s Divorce: Is a Custody Battle Brewing?

Amid his divorce from former “Real Housewives of Atlanta” star Kim Zolciak, Kroy Biermann is taking steps to obtain custody of his children.

Zolciak, 44, filed for divorce from her husband of 11 years on May 8, stating that the marriage is “irretrievably broken with no hope of reconciliation.” She asked for primary physical custody and joint legal custody of their four minor children: Kroy Jr., 11, Kash, 10, and 9-year-old twins Kane and Kaia.

The next day, E! News reported Kroy was seeking sole legal and physical custody of the kids.

Now, divorce attorney Sara Khaki, who is not involved in the case, says a custody battle could ensue.

Khaki, founding partner of the Atlanta Divorce Law Group in Georgia, explained, "It is my understanding that both parties are seeking primary custody of the minor children; and if both parties feel adamant about receiving primary custody, then this can turn into a legal battle that could require the involvement of a Guardian Ad Litem; a third party who will be seeking out the best interest of the children and will make a documented recommendation for the Court on how custody will be determined,”

She continued, “The GAL will build their opinion on interviewing both parents, schools, therapists, and speaking to the children themselves.”

Zolciak and Biermann, whose relationship was documented on Bravo’s “Don’t Be Tardy” reality show, are reportedly still living in the Atlanta home where they raised their children together. Zolciak also has daughters Brielle, 26, and Ariana, 21, from previous relationships. Kroy adopted the young women in 2013.

The fact that both parties are seeking primary custody of the minor children means there may be a “legal battle” ahead especially “since there is already quite a bit of financials to sort through,” Khaki said.

The divorce attorney went on to say that while custody battles can be tricky, the state of Georgia bases determinations on the best interests of the child.

“Here in Georgia, the standard for child custody is the best interest of the child, so custody determinations are meant to be gender neutral and not biased for or against fathers or mothers,” Khaki said. “However, the reality is that it is still humans who are making these final decisions, and as humans living in a society that still leans on certain gender roles, we find it that fathers are still having to prove themselves more in these custody battles.”

Khaki’s managing partner, Shawna Woods, agreed. “The most contentious cases happen when both parties take an absolute and non-compromising stance on custody. The court does not view the fathers as less capable and they stand on equal footing in regard to custody.”