I don't know why I'm even surprised anymore. Jon Gosselin is taking ex-wife Kate back to court, claiming 'Dancing with the Stars' is "damaging" his kids, according to TMZ.

Jon's new lawyer, former assistant U.S. Attorney Anthony F. List, tells TMZ he's going to court to ask for primary physical custody. List calls Kate, "an absentee mom," which he says is no surprise to anyone.

List expects to use "DWTS" as evidence that Kate does not spend "quality time with the 8 kids."

List also thinks Jon is getting screwed in the child support department, claiming "$20,000 a month is ridiculous."

In addition to primary custody, List says he's considering asking the judge to reverse the support obligation and make Kate pay Jon. He did not specify the amount.

There's also the added bonus for Jon that if he got primary physical custody of the kids, he could just reside in the house, since he probably had nowhere to go after his last girlfriend dumped him. AND get out of making child support payments to Kate since the kids are with him anyway.

I find this unbelievable, but what do you think: should Jon get primary physical custody since Kate is busy on 'Dancing with the Stars'?

Photos by INF