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CBS/ April 6, 2010, 4:35 PM

Jon Gosselin: "DWTS" Is Damaging Kids

An Erie County Sheriff's helicopter searches at the scene of a shooting at Erie Count Medical Center in Buffalo, N.Y., Wednesday, June 13, 2012. A police official confirms that a woman was killed Wednesday morning on the grounds of the Erie County Medical Center, which he describes as being in "complete lockdown" as SWAT teams and other officers cordon off the 65-acre campus. (AP Photo/David Duprey)

An Erie County Sheriff's helicopter searches at the scene of a shooting at Erie Count Medical Center in Buffalo, N.Y., Wednesday, June 13, 2012. A police official confirms that a woman was killed Wednesday morning on the grounds of the Erie County Medical Center, which he describes as being in "complete lockdown" as SWAT teams and other officers cordon off the 65-acre campus. (AP Photo/David Duprey) / David Duprey

Now that his partying is done, Jon Gosselin is trying to be the "No. 1 Dad" -quite literally.

The former reality TV dad is taking his ex-wife, Kate Gosselin to court to get primary custody as well as spousal support, saying that "Dancing with the Stars" is damaging his kids, TMZ reports.

Kate is a contestant on the wildly popular reality show dance competition and is partnered with professional dancer Tony Dovolani.

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According to Jon's new lawyer, former assistant U.S. Attorney Anthony F. List, Kate is "an absentee mom," which he tells TMZ, is no surprise to anyone.

Will "DWTS" be used as evidence?

If it's up to List, it will.

The outspoken attorney also claims that because of the show Kate does not spend "quality time with the eight kids."

And as far as the child support goes, List tells TMZ that he thinks Jon isn't getting enough money and that "$20,000 a month is ridiculous."

In addition to the request for primary custody, List is encouraging Jon to be more ambitious, telling TMZ that he is considering asking the judge to reverse the support obligation and make Kate pay Jon. He did not specify the amount.

The Gosselins' divorce was finalized in December, ending a 10-year marriage. The former couple has eight children (a set of twins and sextuplets). Their supposed happily married life was played out on TLC'S reality TV show, "Jon and Kate Plus 8."

Jon allegedly cheated on Kate with Hailey Glassman who is the daughter of Kate's doctor. Jon's behavior dramatically changed after the spilt and his partying made headlines. Although Jon has been trying to tone it down, the court drama hasn't ended.
Copyright 2010 CBS. All rights reserved.
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bjo1109 says:
Why is Kate being on DWTS damaging her kids? Does that mean that every other parent who is on DWTS has damaged kids, too? Jon's accusations are just ridiculous, and so are the comments on here saying the same things. Both are vicious, vindictive, and false. Quit holding Kate to a double standard. If it's okay for other parents, it's okay for her, too.
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comment99 says:
Wow. Just wow. Jon Gosselin is so easy to read. Spousal support? For what? Why should Kate give him any of the money she makes for her kids and herself?! He is just lazy & greedy. All he cares about is himself. Why should Kate pay Jon for cheating on him when they were married and for not being able to support his own kids let alone himself. His lawyer and Jon need to get a clue that just because Kate is working on DWTS for a few weeks doesn't make her an absentee mother. Though she can't dance, and though she does look a bit funny, she is TRYING and bringing in income to support her kids, while Jon on the other hand is scratching his butt, doing nothing, whining and trying every opportunity to get himself in the spotlight. Unfortunately, him trying to take Kate to court for this reason is ludicrous and definitely shows his true colors. Greedy, lazy & selfish. Sure, he can go play around with other women and as a result he is finding it a hard time to make income? TOUGH LUCK. He brought it on himself and I pray that the judge has some brains and will throw Jon and his idiot case & his no good attorney out of court!
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poochie44 says:
Since when has she been a REAL mother? She uses those kids as her meal ticket. She's a self-absorbed snob and I'm sick of hearing about her and seeing her smug face.
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bjo1109 replies:
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since when have you been REAL person instead of an obsessed, vindictive, double-standard witch?
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erasmus111 says:
I can't understand how they both can't see that they look like idiots.
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USMC-Mom says:
They are both messing up these poor kids.
I wish the press wold ignore them.
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tammydel2009 says:
It's Ok, from what I understand she's likely to be the next to go. There goes your spousal support. Maybe you both should try getting real jobs instead of a handout!
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bjo1109 replies:
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DWTS is a real job. Maybe you just try not being jealous.