Kristin Cavallari Seeking Primary Custody of Kids in Jay Cutler Divorce
The reality star is asking to be designated "the primary residential custodian" of their three children, with "reasonable periods of parenting time" for her estranged husband
The couple of 10 years announced their split on Sunday, days after Cutler, 36, filed his divorce petition on April 21. In the filing, obtained by PEOPLE, the former Chicago Bears quarterback asks that the court make him and Cavallari, 33, "joint custodians and joint decision makers" for their their sons Camden, 7, and Jaxon, 5, and daughter Saylor, 4.
In his petition, Cutler states that he "has always been the available at home parent and primary caretaker" of their children. But Cavallari directly denies this in her counter-complaint, filed April 24 and obtained by PEOPLE, saying that she "has been the primary residential parent."
Cavallari is seeking to be designated "the primary residential custodian" of their kids, with "reasonable periods of parenting time" for Cutler.
She is asking that Cutler be required to pay child support "in an amount consistent with the Tennessee Child Support Guidelines or as otherwise deemed appropriate by the court." She is also asking that Cutler be required to pay for their kids' health insurance, as well as uncovered medical, dental, orthodontic, eye care, prescription drugs and other health-related expenses.
As for the grounds of separation, Cutler cites "irreconcilable differences," while Cavallari cites both "irreconcilable differences" and "inappropriate marital conduct." They disagree on when they formally split; she lists their date of separation as April 7, the day they returned back to the U.S. after spending several weeks in the Bahamas amid the coronavirus pandemic, and he listed April 21, the day he filed the paperwork.
In her filing, Cavallari claims Cutler "is guilty of such inappropriate marital conduct as renders further cohabitation unsafe and improper."
She also submits that "any misconduct alleged or implied against her" in Cutler's divorce petition "was in response to and/or as a result of misconduct on [Cutler's] behalf," though Cutler does not allege misconduct against Cavallari in his filing.
The Hills and Laguna Beach alumna and former NFL pro, who wed in 2013, announced their split with a joint statement on Instagram: "With great sadness, after 10 years together we have come to a loving conclusion to get a divorce," they said. "We have nothing but love and respect for one another and are deeply grateful for the years shared, memories made, and the children we are so proud of. This is just the situation of two people growing apart. We ask everyone to respect our privacy as we navigate this difficult time within our family."
A source told PEOPLE that the two "had been having problems problems for a long time" and were already planning to part ways before their Bahamas vacation.
According to the source, the split had "absolutely nothing to do" with the rumor that Cutler had an affair with Cavallari's ex-BFF, Kelly Henderson. Rather, the source said their schedules and priorities just weren't aligning.
"She has so much on her plate, with her brands and with the show," the source said. "Jay is not as interested in all of that. She's so passionate about her work and they couldn't relate to each other as much. So it pulled them apart."