Kroy Biermann is asking a judge to deny estranged wife Kim Zolciak’s request for an emergency hearing that could alter the pair’s custody situation.
According to new court documents exclusively obtained by Us Weekly on Friday, July 17, Biermann, 40, “agrees a true emergency does exist that directly impacts the mental and physical well-being of the minor children.”
At the same time, the former NFL player disagrees with the “unsubstantiated and harsh criticism of all parties who are desperately trying to save these children.”
Those individuals include Biermann, the children’s therapists and the children’s guardian ad litem, per court documents.
“These children are suffering ongoing mental abuse at the hands of [Zolciak],” Biermann and his attorneys allege in court documents.
Biermann fears that if the court does not uphold both the guardian ad litem and therapists’ recommendations, “the damage will be irreparable.”
Us has reached out to Zolciak, 48, and Biermann’s attorneys for comment.
Back in June, Zolciak requested that the emergency order temporarily granting Biermann sole custody of their four children — KJ, 14, Kash, 13, and 12-year-old twins Kaia and Kane — be overturned. (Zolciak is also the mother of daughters Brielle, 29, and Ariana, 24, from previous relationships.)
“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 28), or my boys since April of 2025 aside from a brief 15 minute meeting in July of 2025,” Zolciak previously said in a statement to Us. “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.”
In her motion for an emergency hearing filed in June, Zolciak alleged that Biermann is not taking proper care of their children while they are in his custody.
Court documents obtained by Us claimed that Zolciak is “constantly contacted by every one of the children while in [Biermann’s] care asking for food because they are hungry, or medicine because they are sick. [She] immediately ensures that the children have what they need.”
Zolciak also alleged that one of her children was “subject to frightening rage-fueled tirades” by their dad.
In his latest court filing, Biermann called Zolciak’s emergency motions “nothing more than unsubstantiated accusations, reflecting [her] own delusional version of reality.”
Zolciak and Biermann have been entangled in a public legal battle ever since they filed for divorce in May 2023. Though the pair briefly reconciled a few months later, the divorce was back on by August 2023.
