Kate's DWTS schedule doesn't leave enough time for the "innocent victims," his lawyer tells PEOPLE

By Tim Nudd and Diane Herbst
Updated April 06, 2010 02:50 PM
Brian Prahl/Splash News Online

Claiming she doesn’t spent enough quality time with their eight children, Jon Gosselin is planning to sue ex-wife Kate Gosselin for primary physical custody.

Pointing to her current stint on ABC’s Dancing With the Stars, Jon’s lawyer tells PEOPLE that Kate is “an absentee parent,” that Jon may seek primary custody, and that he might also seek to reverse the child-support arrangement, under which Jon now pays Kate some $21,000 a month.

“He wants equal say with custody, equal time, but if the circumstances remain as they are, with Kate being rarely home, Jon wants primary custody of the children,” says lawyer Anthony List Sr., a former assistant U.S. attorney. “He is much better able to spend time with the children.”

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List plans to file three separation actions in the next day or two.

“Kate Gosselin can’t have it both ways unless there is some balance, unless there are some opportunities for these eight children to be in her physical presence,” adds List. “Jon wants to spend time with these kids, and she is throwing up road blocks. And the eight children are the innocent victims. This tears Jon up.”

Kate’s Response

In turn, Kate’s lawyer Mark Momjian tells PEOPLE he has not received a formal filing yet but that “our client is a devoted mother who loves her children very much.”

The latest legal wrangling from Jon, 33, comes as Kate, 35, is about to start a publicity campaign for her new book, I Just Want You To Know: Letters to My Kids on Love, Faith and Family, which is set to be released on April 13.

“It’s almost as if he deliberately timed this to sabotage her efforts to promote the book,” says one source close to the book’s publisher. “Now she’s once again going to defend herself as a mom when she should be able to just talk about this project that she worked so hard on.”

Jon’s legal plans were first reported by TMZ.

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