Kate Gosselin Keeps 'Dancing' With Divorce Trouble on Horizon

April 7, 2010 — -- Call her Calphalon Kate.

Despite her best efforts at self-sabbotage on the dance floor, Kate Gosselin survived to twirl once more on "Dancing With the Stars."

Her Tuesday night coup -- surprisingly, she didn't even wind up in the bottom two -- came at the expense of astronaut Buzz Aldrin.

But aside from the show, she's got plenty to worry about: Tuesday, Anthony F. List, the lawyer for Gosselin's ex-husband, told TMZ.com that the father of Kate's eight thinks her dancing ambitions are damaging their kids, and he's going to court to ask for primary physical custody.

List called Kate "an absentee mom" and cited "Dancing With the Stars" as evidence that she's not spending "quality time with the 8 kids."

But apparently, Jon wants Kate to continue on in the competition. His lawyer added that both he and Jon cast their votes for Kate Tuesday night.

Gosselin's lawyer, Mark Momijan, shot back at the pair on Wendesday, directly questioning Jon's motives. "He's never questioned her ability to provide for their children," said Momijan of her ex, according to TMZ. "He's out of the limelight, while 23 million people are watching Kate on 'Dancing with the Stars.'"

Momjian went on to call documents filed by Jon "incoherent" and so flawed that he expects the judge to instantly throw the petition out.