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Jon Files Legal Motion to Challenge Kate for Primary Custody

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By Kamika Dunlap on April 14, 2010 12:45 PM

Jon and Kate Gosselin may have divorced each other but they have eight kids between them and will be headed to a court hearing over a legal motion to challenging primary custody.

The two stars of the hit reality show "Jon & Kate Plus 8" are due in court in Pennsylvania on May 25 for a hearing on Jon's legal motion for full custody of their twins and sextuplets, the Associated Press reports.

As previously discussed, Kate Gosselin has reportedly filed for both child support and alimony.

However, Jon has said he does not earn enough to pay $21,700 a month in child support and filed paperwork for a reduction and asking for primary custody of their eight children.

Jon Gosselin's attorney also is arguing that Kate has become an "absentee mom" because she appears on "Dancing With the Stars" and has a reality show deal in the works.

The newly single mom splits her time between taping the dance competition show in Los Angeles and flying back to Pennsylvania to see her kids.

Kate's attorney, Mark Momjian has asked the judge to dismiss the motion and that giving custody of the kids to Jon would be "offensive."

As previously discussed, the couple split because of alleged affairs on both sides and open arguments over breaches of contracts with The Learning Channel (TLC). 

Since then, TLC has reached a settlement with Jon and is in the process of bringing litigation to an end.

As for the custody hearing, if the court decides not to dismiss, then Jon and Kate will have to go before a judge.