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EXCLUSIVE: Kate Gosselin's Lawyer Asks Court To Dismiss Jon's Custody Request

Apr. 12 2010, Published 4:04 a.m. ET

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Kate Gosselin is fighting back! As she heads to work in Los Angeles for Dancing With the Stars, Kate’s lawyer filed papers on Monday in Pennsylanvia refuting her ex-husband’s custody request. Kate’s lawyer Mark Momjian exclusively told RadarOnline.com that Jon’s filing was “cleary defective,” and has filed papers asking the court to dismiss Jon’s request.

“We are asking the court to dismiss Jon’s complaint for its utter failure to comply with procedural rules imposed by the court,” Kate’s lawyer said. Jon has requested full custody of their eight children, saying that Kate was an absentee mom since she is working out of state.

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“We think the court will dismiss his complaint,” Momjian told RadarOnline.com. “This case stands apart in its failure to abide by the rules.”

Jon has not listed an address on the papers and Kate’s lawyer said this was basic information required for someone requesting custody. “He’s required to list his address and identify the adults he lives with where he is residing,” Momjian explained. As RadarOnline.com exclusively noted, Jon has spent weeks away from his children living with his many girlfriends since he left Kate.

Kate will appear live on ABC’s Dancing With the Stars Monday night competing for a chance to stay for another week on the show.

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