updated 04/06/2010 AT 4:00 PM ET
•originally published 04/06/2010 AT 2:50 PM ET
Claiming she doesn’t spent enough quality time with their eight children, Jon Gosselin is planning to sue ex-wife Kate Gosselin for primary physical custody.
Pointing to her current stint on ABC’s Dancing With the Stars, Jon’s lawyer tells PEOPLE that Kate is “an absentee parent,” that Jon may seek primary custody, and that he might also seek to reverse the child-support arrangement, under which Jon now pays Kate some $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,” says lawyer Anthony List Sr., a former assistant U.S. attorney. “He is much better able to spend time with the children.”