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Jon Gosselin reportedly voted for Kate Gosselin on Dancing With the Stars this week, even while cooking up a custody battle with his former wife. Wonder why?

OK! NEWS: JON GOSSELIN BRINGING KATE TO COURT

Former U.S. Attorney Anthony F. List, Jon’s lawyer, told TMZ that he’ll file legal papers today asking a judge to award Jon primary physical custody of his eight children.

OK! NEWS: JON GOSSELIN IS HAPPY FOR EX-WIFE KATE

“You can’t be a coast-to-coast primary parent,” List said, speaking about how he claims Kate has been handing over her parental responsibility to nannies while trying to make it in Hollywood.

He also told TMZ that Jon is upset that he was evicted from the family guesthouse and replaced by three nannies. List says Jon will be asking for child support while Kate works in Hollywood.

OK! GALLERY: KATE GOSSELIN GETS GUSSIED UP TO DANCE

But despite the custody battle that’s brewing, List said he and Jon voted for Kate on DWTS.

If it’s part of Jon’s proof that Kate doesn’t spend enough time with her kids, it probably wouldn’t work in his favor if she were to be eliminated right now!

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