Jon's attorney, Anthony List Sr., called Kate "an absentee parent" and told People that Jon, 32, is considering seeking primary custody. List said Jon may also try to reverse the couple's child-support arrangement, which currently requires Jon to pay Kate around $21,000 a month.
"He wants equal say with custody, equal time, but if the circumstances remain as they are, with Kate being rarely home, Jon wants primary custody of the children," List said. "He is much better able to spend time with the children."
List said he plans to file three separation actions in the next few days.
Kate, 34, is three weeks into her new gig on Dancing with the Stars. Although she mianly practices from her home in Pennsylvania, Kate has to fly to Los Angeles for the dancing competition's two live shows each week.
"Kate Gosselin can't have it both ways unless there is some balance, unless there are some opportunities for these eight children to be in her physical presence," List said. "Jon wants to spend time with these kids, and she is throwing up road blocks. And the eight children are the innocent victims. This tears Jon up."
Kate's attorney, Mark Momjian, declined to comment on List's remarks and told TVGuide.com that he has not received indication that any action is going to be filed.
"Nothing has been filed as far as we know," Momjian said. "We are going to respond once we know what's been filed."