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Scott Harrison / Retna Ltd. 1 / 6

Ex-spouses Jon and Kate Gosselin may be headed back to court.

An attorney for Jon, 33, plans to file an emergency petition this week in Berks County, Penn., for primary physical custody of his eight children with ex-wife Kate, TMZ reports.

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The reality dad's new lawyer Anthony F. List tells TMZ that Kate, 35, is "an absentee mom." Her current stint on Dancing with the Stars, List says, will be used to prove that she fails to "spend quality time" with twins Cara and Mady, 9, and sextuplets Aaden, Alexis, Collin, Hannah, Joel and Leah, 5.

Also on the docket: the child support situation. Currently, Jon pays Kate $22,000 a month in child support. The attorney charges that the fee is "ridiculous," and he may ask a judge to reverse the arrangement and demand that Kate pay Jon, though he declined to specify how much.

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A source close to Jon tells 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 also adds that "Jon is anxious to find a place of his own close to the kids so he can have a little more stability for them," and has been house-hunting near the $1.1 million Wernersville, Penn. home that he once shared with Kate and the kids. He presently lives in a two-bedroom apartment on Manhattan's Upper West Side that rents for $5000 a month.

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In February, cable network TLC reached a settlement with Gosselin in a breach-of-contract lawsuit. He remains under contract with the network, but is forbidden from making or profiting from unauthorized public appearances.

With this latest legal action, Jon "hopes this will move TLC to pay him or at least give him permission to go out and work...and be able to afford his new home." the source explains.

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