The former Jon & Kate Plus 8 patriarch filed the legal papers requesting primary physical custody on Wednesday in Berks County, PA family court, according to a copy of the documents obtained by TMZ.
In addition, Jon has also requested a judge review the current child support arrangement -- claiming an arbitrator in the couple's divorce filing "failed to take into consideration the numerous factors provided for by the law in Pennsylvania," according to the documents.
Earlier this week, Jon's new lawyer Anthony F. List stated that the emergency petition for spousal support and primary custody was coming because his client felt Kate -- who is currently competing as a Dancing with the Stars tenth-season celebrity participant -- is an "absentee mom."
Kate subsequently declined to "comment in public on the custody discussions regarding my children" but defended her parenting and claimed to be a "a single working mom" due to her Dancing with the Stars stint.
Jon was dumped by Morgan Christie, his most-recent girlfriend last month, and a RadarOnline source noted he spent all of his time at her Santa Barbara, CA home away from the kids when the pair were still dating.
"He didn't see the kids for weeks and the only reason was that he wanted to hang out with his girlfriend. He's claiming that Kate is an absentee mother when the truth is she's a working mother. What he's saying is an insult to every mother who has to work to take care of her family," the source said.
"When they compare who has spent more time with the children Jon is going to be embarrassed. He's doing this because he blew through all his money and has no place to live."
Kate has been traveling between her family's Wernersville, PA home and CBS Television City in Los Angeles while competing on Dancing with the Stars so she can be close to her eight kids.
She is reportedly making a minimum of $200,000 for her Dancing with theStars participation, according to RadarOnline.
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