The 38-year-old musician and talk show host plans to stay in Los Angeles with her kids while Blackstock plans to live primarily in his Montana home where the family quarantined together earlier this year, according to court documents obtained by ET.
The judge said in a statement, “The court finds that the minor children are not now and have not been residents of Montana and that California is their home state.”
According to the court docs, Blackstock would get the kids the first, third and fifth weekend of every month, though he’d have to visit them in Los Angeles for the first and fifth weekends. This means that Clarkson has primary custody of their two children and will get to spend the majority of the time with them.
Clarkson initially filed for divorce from Blackstock back in June after six years of marriage. At the time of the filing, Clarkson and Blackstock had requested joint legal and physical custody of their two children together. Blackstock has two older children from a previous relationship.
The new court documents obtained by ET, however, claim that the former couple has been struggling to come to a mutual agreement about their children amid their divorce.
“The level of conflict between the parents has increased,” the document reads. “The parties have a difficult time co-parenting due to issues of trust between them.”
More From ET: