Britney’s Lawyer: Why She Lost Custody

LOS ANGELES, Calif. (October 2, 2007) – Britney Spears lost physical custody of her kids yesterday, but why?

While LA Superior Court Commissioner Scott Gordon didn’t issue a detailed ruling explaining why he granted temporary physical custody of Sean Preston and Jayden James to Spear’s ex-husband Kevin Federline, Brit’s attorney spoke with the press.

Sorrell Trope of Trope and Trope said it was because his client allegedly skipped out on a drug and alcohol test. She also couldn’t provide a California driver’s license.

“We weren’t able to prove compliance with what the judge ordered,” Trope told People Magazine. “Specifically, the judge ordered that by 10 a.m. (Monday) morning, both parties show valid California driving licenses. I’ve been unable to produce evidence of that.”

Spears, 25, was charged last month with misdemeanor driving without a valid license and hit-and-run following a fender-bender in a store parking lot on Aug. 6.

Following the court’s custody ruling on Monday, video showed Britney taking her boys to a Carl’s Jr. restaurant drive-thru, before she handed the boys off to Kevin’s bodyguard. The hand off was not captured by cameras.

According to the court order, Spears was not required to hand over the children until Wednesday.

Spears then went to a Department of Motor Vehicles in Van Nuys, California.

Officials at the DMV confirmed to Access Hollywood that Spears had “transactions” with their agency yesterday. They also said the pop singer has an application pending.

At press time her application remained incomplete.

Spears may get a California driver’s license as soon as today the DMV rep told Access Hollywood. Britney may be returning to one of their outlets today, to finish up her transactions with them.

US Weekly reported that the pop singer also made a visit to Epitome, a tanning salon in Beverly Hills, on Monday.

Later that evening she was spotted by the paparazzi, who captured her arriving at the Peninsula Hotel in Beverly Hills where she reportedly stayed thenight.

As far as the custody ruling, Trope told People, another reason behind the judge’s decision Monday “was a claim by Mr. Federline’s attorney that she had not complied with a previous order the court had made – before I came on board (as lawyer) – about having a random drug and alcohol test.”

Trope noted however there was no evidence that Spears failed any drug test.

The courts however, see the failure to take a test as the same thing as not passing the test.

Another hearing is set for Wednesday.

Federline’s attorney declined to comment in detail on the court proceeding. But a source close to Federline says he was “thrilled” after receiving news of the temporary custody change.

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