Those Erika Kirk Custody Battle Rumors, Explained

Since her husband was shot and killed, Erika Kirk has been the subject of endless rumors. And while claims that Kirk is having an affair with JD Vance have died down, especially after it was revealed that Usha Vance is pregnant with the couple's fourth child, the gossip mill continues to churn, leading to a new rumor that is hard to believe: that Erika Kirk is in a custody battle over her two children. The scuttlebutt that spread across social media platforms like Facebook is that Charlie Kirk's parents are trying to gain custody of their grandchildren, and Erika Kirk is fighting against it. The rumor seems to stem from a complaint some have had about Erika Kirk's busy schedule since her husband's assassination. As "Selling Sunset" star Christine Quinn put it on X, "Erika Kirk be everywhere but with her kids."

While there is no evidence that a custody battle is taking place, that hasn't stopped the rumor from spreading. Users on X are having different reactions. One X user chose to make light of the situation by suggesting Erika Kirk would be happy to lose custody of her kids. Another person on the site played detective with one of Erika Kirk's Instagram posts to try and prove that the rumor is true. Still, other users are defending Kirk from the unsubstantiated gossip. 

The rumor about Erika Kirk's fight to keep the custody of her children started in October 2025 when U.S. House Representative Anna Paulina Luna went on Patrick Bet-David's PBD Podcast. While discussing the gossip that surrounds Erika Kirk, Representative Luna misspoke and said, "Because at the end of the day, she did lose her husband; she lost her kids." This simple flub quickly spread across the internet, with users of X claiming, "Erika Kirk lost custody of her kids." Despite Rep. Luna clarifying her remarks on X, the damage has already been done.

While it's obvious that Erika Kirk has transformed herself since her husband's death, there is nothing to suggest doing so means she has abandoned her children. Following Charlie Kirk's death and her becoming the CEO of Turning Point USA, Erika has become more visible, but part of that was because of the attention put on her. And while coming out to pyrotechnics at her husband's memorial was odd, her appearance at Turning Point USA's AmericaFest was nothing new. As seen on the guest list in this Instagram post, Erika was a speaker at the 2024 event as well. And, as seen on Erika's own Instagram, now that the events are done, she is spending more time with her family.