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HOME > Kate Plus 8

Kate Gosselin asks judge to dismiss Jon's primary custody filing

By Christopher Rocchio, 04/12/2010 

After previously publicly labeling Jon Gosselin's request for primary custody of the former couple's eight children "pathetic," Kate Gosselin's lawyer is now trying to use the same agrument to get Jon Gosselin's filing thrown out of court.

Lawyer Mark Momjian has objected to Jon's recent filing for primary physical custody and child support due to "numerous procedural defects" as well as a failure to "conform to law or rule of court" and asked a judge to dismiss the request because of it, according to a copy of the documents obtained by TMZ.

"[The legal documents filed by Jon are] incoherent and filed by someone who clearing didn't know what he was doing," Momjian told TMZ.  

Jon's lawyer's mistake, according to the Momjian's filing, is that he filed his request for child support in the wrong court and failed to include certain information that is required by law.

Last week, Jon filed the legal papers requesting primary physical custody in Berks County, PA family court.

In the same filing, he 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."

In addition, Jon's new lawyer Anthony F. List had said the former Jon & Kate patriarch had filed the emergency petition for spousal support and primary custody because his client felt Kate -- who is currently competing as a Dancing with the Stars tenth-season celebrity participant -- is an "absentee mom."

"He's never questioned her ability to provide for their children. He's out of the limelight, while 23 million people are watching Kate on Dancing with the Stars," Momjian told TMZ on the day Jon filed the request.

"Do I think his motivation is the children's best interest. Squarely no."

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