Todd Tucker is seeking to become the primary custodian of his children, Ace, 9, and Blaze, 6, whom he shares with Kandi Burruss.

Documents obtained by Us Weekly reveal that Tucker argues the children currently reside with him in Georgia as Burruss is engaged in work commitments outside the state. He asserts that her professional responsibilities will keep her away “for at least the next several months,” compelling him to request primary custody.

In his court filing dated November 26, Tucker acknowledges Burruss as a “loving and capable parent” and stresses that she should be granted “substantial time and meaningful access to the children.”

Nevertheless, he states that if they are unable to come to a custody agreement—which he hopes is a remote possibility—he will pursue primary physical custody, joint legal custody, and final decision-making authority.

The filing also brings up issues related to their prenuptial agreement. Tucker contends that he signed the prenup just before their wedding on April 4, 2014, without the presence of his legal counsel. His representatives claim that Burruss’ legal team had been in discussions with them about negotiating the prenuptial terms but presented the finalized document without prior 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.