Will Britney Get Her Kids Back?

Did Britney Really Lose Custody?

The court files in the Spears Federline custody dispute have been sealed and the courtroom during the custody proceedings are closed to the public, so the details of the custody battle are not known. However, Britney most likely did not lose complete physical custody of Jayden James and Sean Preston. The parent that has the most custodial time with the children has primary physical custody and the other parent has visitation. Until recently, Britney had the children the majority of the time and Kevin had visitation. Pursuant to the most recent court order issued by Commissioner Scott Gordon, Kevin now has the children the majority of the time and Britney has limited visitation. The court may have even ordered that Britney have supervised visitation. Supervised visitation means that the parent can only exercise visitation if a specific person of the court’s choosing is present. Often the court will order that a nanny or social worker be present. That person would also be expected to report back to the court about the visitations. Supervised visitation is most often ordered when a parent abuses drugs and/or alcohol and the court has determined that the safety of the children is at risk or if the parent has a history of domestic violence.

Why Did The Court Decrease Britney’s Visitation with the Children?

From the very few documents and information released by Britney’s and Kevin’s attorneys it appears that Britney’s time with the children was decreased because she failed to comply with the court’s orders. Apparently, the court ordered Britney to submit to alcohol and drug testing and to attend parenting classes. Britney did not comply. The court will make a change or modification to an existing custody order when it concludes a modification would be in the best interests of the children.

Will Britney Get the Kids Back?

If Britney follows the court’s orders and submits to drug/alcohol testing and attends parenting classes it is likely that her time with the children will be increased. The courts would “like” to be able to award both parents equal time with the children. If there are no concerns about a parent’s ability to take care of the child both parents will usually share custody 50/50. As long as Britney complies with the court’s orders and there are no concerns about her ability to care for the children she will most likely eventually share equal custody with Kevin.

Does Custody Affect Other Aspects of the Divorce?

The custodial arrangement determines the amount of child support to be paid. The parent who has the children the majority of the time is entitled to child support from the other parent. Both parents’ income is also taken into consideration. If Kevin’s custodial time increased he will be entitled to more child support from Britney. Child support cannot be limited by a premarital agreement so Britney and Kevin were not able to predetermine or limit child support in their premarital agreement.