Jon Gosselin claims he deserves custody of his eight children with ex-wife Kate Gosselin because her Dancing with the Stars participation is hindering her ability to be a good parent.

The former Jon & Kate Plus 8 patriarch plans to file an emergency petition for spousal support and primary custody of his eight children, his new attorney, former assistant U.S. Attorney Anthony F. List, told TMZ on Tuesday.

List called Kate -- who is currently competing as a Dancing with the Stars tenth-season celebrity participant -- an "absentee mom" and said her involvement with the ABC reality series proves she does not spend "quality time with the eight kids," according to TMZ.

In addition, List claims the $20,000 a month Jon currently pays in child support is "ridiculous" and wants support obligation to be reversed -- meaning Kate would be paying her ex-husband, TMZ reported, adding the attorney did not specify the amount.

Kate -- who is partnered with professional Tony Dovolani -- has been traveling between her family's Wernersville, PA home and CBS Television City in Los Angeles to film Dancing with the Stars while competing on the reality series so she can be close to her eight kids.

While Jon initially said he was "thrilled" for Kate when she was revealed as a Dancing with the Stars celebrity participant, a source close to him told Us Weekly in a Tuesday report that he "seems genuinely upset that the kids are growing up with strangers most of the time."

"Even when Kate's at the house, she has a nanny there to do all the work," the source told Us, adding the Jon has been searching for a house near Wernersville

"Jon is anxious to find a place of his own close to the kids so he can have a little more stability for them."

Jon and Kate's divorce was finalized in December, ending their 10-year marriage.

"We haven't received any formal filing yet but I can't imagine anything farther from the truth," Momjian told RadarOnline on Tuesday. "Kate is a devoted mother. Her concern for the welfare of her kids is so prominent that any allegations like this report are reckless and so far from the mark."