Todd Tucker is asking for primary custody of his children, Ace, 9, and Blaze, 6, whom he shares with Kandi Burruss.
According to court documents obtained by Us Weekly, Tucker says the children are currently living with him in Georgia while Burruss works out of state. He claims her ongoing work commitments will keep her away “for at least the next several months,” which prompted him to pursue primary custody.
In his November 26 filing, Tucker describes Burruss as a “loving and capable parent.” He also says she should have “substantial time and meaningful access to the children.”
However, he notes that “in the hopefully unlikely event” that they cannot reach a custody agreement, he will seek primary physical custody, joint legal custody, and final decision-making authority.
The filing also challenges the circumstances surrounding the couple’s prenuptial agreement. Tucker says he signed the document before their April 4, 2014, wedding but claims it was presented immediately before the ceremony without his attorneys present. His legal team argues that Burruss’ counsel had been communicating with them about negotiating the prenup but delivered the final version without notice or consultation.
Tucker says that timing affects the agreement’s enforceability and will seek potential alimony if the prenup is ruled unenforceable.
In addition, he is asking the court to divide all marital assets, including real estate and personal property.
Burruss filed for divorce on November 21, formally ending her 11-year marriage to Tucker. In the filing, she requested joint custody of the children.
Despite the ongoing legal process, the pair appear focused on co-parenting. Just days before the documents became public, Burruss shared on Instagram that they spent Thanksgiving together. “Before anyone assumes anything Todd came earlier to eat with us but he wasn’t there for the pic. He was not left out or anything like that,” she wrote.
