Kate Gosselin's Attorney: Jon Can't Stop The Show

Jon Gosselin's threats to have the production of Kate Plus 8 halted will fall on deaf ears, Kate Gosselin's attorney, Mark Momjian, said on the Today Show Friday.

"These parties entered into an agreement once the divorce action was filed that allowed each parent -- who had physical custody of the children -- to make the filming decisions when the children were with them," Momjian said.

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Momjian said that when the kids are in Kate's custody, she gets to make the decisions involving the eight children.

The attorney said that Jon is at fault for the couple's lack of communication regarding the latest developments.

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Momjian said the 34-year-old reality TV mom "really does want to engage Jon, it's just that he's not engaging her back. And that's really regrettable in any custody case.

"She doesn't know which Jon is going to show up -- he's obviously different people at different times," the attorney said.

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Momjian said Kate plans on fulfilling her obligations whereas the hit TLC program is concerned.

"She's going to honor her contract," he said. "She'd like to continue with the show. She loves doing the show."

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Kate Plus 8 airs Mondays at 9/8c on TLC.