Kroy Biermann Wins Primary Custody of 4 Kids in Georgia Divorce

A Fulton County judge granted former NFL linebacker Kroy Biermann primary physical custody and final decision-making authority over his four minor children with Kim Zolciak on June 17, 2026, after ruling her temporarily "unfit" and limiting her to every-other-weekend parenting time. Under Georgia law, this is a best-interests determination courts can revisit anytime a parent's circumstances change.

Key Facts

According to Reality Tea and reporting carried by Us Weekly, the custody arrangement keeps the children primarily with Biermann while their daughter Ariana Biermann, now an adult, publicly described her estrangement from her father on June 17. Her comments illustrate a reality every family lawyer sees: high-conflict custody battles fracture relationships far beyond what any court order can repair.

Why this matters legally

A temporary "unfit" finding does not permanently strip a parent of custody in Georgia — it shifts the immediate parenting schedule while the case proceeds. Georgia courts decide custody under the best-interests standard, and a temporary order entered during a pending divorce is exactly that: temporary. The judge who limited Zolciak to alternating weekends retains authority to expand her time if circumstances improve before the final decree.

This distinction matters enormously for ordinary Georgia parents watching this case. Custody is never "final" in the way a property division is. Under Georgia law, a parent who loses primary custody can petition to modify it later by showing a material change in circumstances affecting the child's welfare. Temporary findings made on an incomplete record — often at an emergency hearing — carry less weight at a final trial, where both parents present complete evidence. The headline says "unfit," but the legal posture is fluid.

The second legal reality is that minor-child custody and adult-child relationships are entirely separate. Ariana Biermann is an adult; no Georgia court controls her relationship with either parent. Estrangement involving adult children has no bearing on who gets custody of the minor children, even though both stem from the same family conflict.

How Georgia law handles this

Georgia decides custody under O.C.G.A. § 19-9-3, which directs judges to determine the best interests of the child using 17 enumerated factors. These include each parent's capacity to provide for the child, the home environment, the child's emotional ties to each parent, each parent's mental and physical health, and any history of family violence or substance abuse. No single factor controls; the judge weighs them together.

Georgia recognizes two distinct custody concepts. Physical custody determines where the child primarily lives. Legal custody — what the news describes as "final decision-making authority" — governs who makes major decisions about education, healthcare, religion, and extracurricular activities. Georgia courts frequently award joint legal custody but designate one parent as the "final decision-maker" for specific categories under O.C.G.A. § 19-9-3(a)(4). Biermann reportedly holds both primary physical custody and final decision-making authority, a comprehensive grant.

Georgia law also gives children a voice. Under O.C.G.A. § 19-9-3(a)(5)-(6), a child who is 14 or older may select the parent with whom they wish to live, and that election controls unless the chosen parent is unfit. Children between 11 and 14 may state a preference that the judge considers but is not bound by. With the Biermann children reportedly spanning roughly ages 9 to 14, at least one may be approaching the age where their stated preference carries legal weight.

Finally, a Georgia parent seeking to change custody later must meet the modification standard in O.C.G.A. § 19-9-3(b): a material change in condition affecting the child's welfare since the last order. A parent who addresses the issues that led to an "unfit" finding — completing treatment, stabilizing housing, demonstrating consistent involvement — builds the record needed to seek expanded parenting time.

Practical takeaways

If you are facing a custody dispute in Georgia, this case offers concrete lessons:

1. Treat temporary orders seriously, but not as permanent. A temporary custody ruling sets the immediate schedule and shapes the trial narrative, yet it is not the final word. Comply fully while building evidence for the final hearing.

2. Understand the 17 best-interest factors in O.C.G.A. § 19-9-3. Document your involvement in school, medical care, and daily routines — these map directly onto the factors a Georgia judge must weigh.

3. Distinguish physical custody from legal custody. You can share decision-making (legal custody) even if your child primarily lives with the other parent. Clarify which you are fighting for and why.

4. If a court finds you temporarily unfit, address the underlying issue immediately. Georgia's modification standard rewards parents who show genuine, documented change. A custody loss is rarely the end of the story.

5. Protect your children from the conflict itself. Georgia judges scrutinize each parent's willingness to support the child's relationship with the other parent. Disparaging the other parent can backfire under the best-interests analysis — and, as the Biermann family shows, the lasting damage to family relationships often outlives the case.

6. Keep older children's preferences in mind. If your child is 14 or older, their election under O.C.G.A. § 19-9-3(a)(5) can be decisive. Foster a healthy relationship rather than pressuring a choice, which courts view negatively.

High-profile divorces make custody look like a winner-take-all battle, but Georgia's framework is designed to center the child, not to crown a victor. If you are navigating a contested custody case, a Georgia family law attorney can help you understand how the best-interests factors apply to your specific facts and how temporary rulings fit into the larger strategy toward a final order.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.