Previous Agreement

Britney Spears and Kevin Federline previously agreed to share joint physical custody and joint legal custody of their children, 23-month-old Sean and 11-month-old Jayden. Joint physical means that each parent will have custody of the children 50% of the time. Joint legal custody means that both parents will make joint decisions regarding important decisions in the children’s lives such as schooling and healthcare.

Recently, Kevin has filed to modify custody, requesting that he be awared primary custody of the children with Britney having monitored visitation. That would mean that the children would be with Kevin the majority of the time and Britney would have very limited visitation (probably no overnight visits). Monitored visitation means that Britney coud not be left alone with the children. Often when one parent has monitored visitation a nanny or neutral third party must be present for the entire duration of the visit. There are also monitoring agencies that can provide professional monitors, many of whom are psychologists or therapaists. Often if a parent has monitored visitation the parent is not allowed to leave town with the children or even drive the children in a vehicle.

In order for Kevin to succeed, he must show that it is in the best interests of the children to be with him the majority of the time. Kevin will have to show that he can provide a better home and environment for the children which requires him to point out what is lacking in Britney’s parenting skills.

Many assume that Kevin will emphasize Britney’s partying, drinking and recent sexual exploits depicted in the tabloids. However, that alone would probably not be enough to prove that the children are better off with him. He must present to the court specific and detailed incidences that show Britney’s poor parenting skills. That is probably why Britney’s assistant and former nannies were subpoenaed to testify at a deposition where it is assumed that Kevin’s attorney will ask them questions relating to Britney’s parenting.

What will Britney Argue?

Britney may argue that going to night clubs and having a couple cocktails has no bearing on her skills as a parent. She will want to present herself as a living, caring and devoted mother who is struggling with parenthood as a single mother while working full-time. Britney will probably argue that is not in the best interests of the children to be away from her for extended periods of time.

Who Will Ultimately Decide?

The issue will ultimately be decided by a judge. There are no jury trials in family law. The judge may order a custody evaluation to be conducted by a neutral court appointed expert. The expert is usually a psychologist or therapist (that works for the court) who will interview both parents and perhaps other family members. The expert often meets with each parent in their home to observe them with the children, and may have the parents submit to a written psychological test. The expert considers all this data and issues a report which recommends what outcome the court should adopt.

However, it is up to the judge to listen to all the facts presented by both sides and determine whether it would be in the children’s best interests to be with Kevin the majority of the time. The judge will have to weigh this consideration against the fact that the children, who are still very young, will be away from their mother for extended periods of time and the result that will have on their bonding as mother and child.