Although the singer (nee Robert Ritchie) and South were never married, a paternity suit filed in 1994 proved Kid Rock is the father of South's child, Robert Ritchie Jr.

Given the amount of time [Kid Rock] travels, he's not there to take care of the child," South's lawyer, Kathy Vogt, told "The Macomb Daily.

Kid Rock currently has custody of the child, and Ms. South is battling for custody on grounds that the child is not always left in her guardianship when Kid Rock is on tour. "They're supposed to have an agreement that while he's away, she takes care of their son. That hasn't always been happening," Vogt explained.

Kid Rock's lawyer Lori Finazzo has said a hearing will be held on February 7, "away from media attention.

A representative from Kid Rock's label, Atlantic Records, claimed she was unfamiliar with