Kate Gosselin Keeps 'Dancing' With Divorce Trouble on Horizon

PHOTO Will Kate Gosselin be able to keep performing through divorce trouble?Adam Larkey/ABC News
Tony Dovolani and Kate Gosselin perform on "Dancing with the Stars." Will Gosselin be able to keep performing through divorce trouble?

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.

VIDEO: Buzz Aldrin and partner Ashly Costa reflect on the "Dancing" experience.Play
Buzz Aldrin Booted From 'Dancing'

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.

Video: Jimmy Fallon spoofs Kate Gosselin.Play
Jimmy Fallon pokes fun at Kate Gosselin

Gosselin's Tough Go on 'Dancing With the Stars'

Following her pathetic paso doble performance Monday, Gosselin admitted that being on the show "is a lot harder than I ever imagined," and indeed, "Dancing With the Stars" hasn't been kind to Gosselin, despite having already earned her reality-TV stripes many times over.

Last week, Dovolani raged at her lack of talent, venting that "Nothing in dancing is natural to Kate." As she nagged him again and again about the moves, he growled, "I've never been questioned in my teaching."

He finally exploded, "I quit."

VIDEO: The mom of eight and Buzz Aldrin scored the lowest on Monday nights "DWTS."Play
Kate Gosselin's 'Paparazzi' Dance Flops

Tolini cut Gosselin to the core after her first performance on the show. Dressed in what looked like a leftover costume from the set of "I Dream of Jeanie," Gosselin attempted a classic Viennese waltz to Billy Joel's "She's Always a Woman to Me."

"The technique was terrible," Tolini said as she stood stoic, like a schoolchild bracing for a scolding. "It looked like Tony was pushing a shopping cart across the floor. You have to exude something!"