Kate Gosselin’s lawyer Mark Momjian fired back at Jon Gosselin’s legal attempt to wrest custody of the couple’s children away from his client in an exclusive interview with RadarOnline.com.
Sounding incredulous at times, Momjian slammed Jon’s motivations for doing this and said of the ex reality TV star: “I don’t even know where Jon lives! He doesn’t even list an address in the court filing.”
Jon filed legal papers Wednesday seeking primary physical custody of the children and also hoping to modify his child support payments.
Questioning Jon’s motivation, Momjian told RadarOnline.com: “I don’t want to speculate too much on Jon’s motivation but I do think it’s obvious that he seems to time his issues regarding the kids to when Kate is doing well. I mean let’s look at this, he pulled the plug on the reality show when Kate was doing well with the kids. And now that Kate is on Dancing With The Stars and pulling in 20 million viewers he decides to try to amend the custody. Is that a coincidence?”
Turning to the legal arguments Jon raised, Momjian pointed out major flaws. He told RadarOnline.com: “Obviously this filing is procedurally flawed. There are a host of flaws in this filing which we intend to expose loudly and clearly.
"First of all this filing seems incoherent on a number of levels. We’re trying to understand what it says.”
He picked up Jon’s arguments that are based on the divorce arbitrator’s rulings.
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Momjian told RadarOnline.com: “What Jon fundamentally misunderstands is that the arbitrator only arbitrated over economic issues in the divorce. He had no jurisdiction over child custody issues.”
Jon argues in his legal papers that he should be allowed to sleep in Kate’s guest house.
But Momjian told RadarOnline.com: “The house was awarded to Kate. She owns it. It’s her asset. She controls who goes into that house.
“The issue of Jon visiting the kids at the house or staying in the guest house is Kate’s decision because it’s her home. This is something that they dealt with between the two of them outside of court.
“He doesn’t have any right per se to stay there. Kate allows him to use the guest house when she’s there because it’s something she decided to do.”
He then added: “Let me ask you this, where in the filing does it say where Jon lives? It doesn’t say anything!”
RadarOnline.com has learned exclusively that Jon is staying with his brother but is not happy with that situation.
Momjian promised that Kate’s legal team will be filing a response and vigorously defend her position.
Clearly Jon is going to face a brutal legal fight. Momjian told RadarOnline.com: “Kate has been the primary nurturing parent in the kids’ lives since their birth. No one has ever challenged, including Jon, that Kate is a loving parent and puts the kids first.”