Babyrazzi

(The above is a promo photo taken by Ellen Von Unwerth for the VMAs)

Britney is “very optimistic” that she’ll get her sons back as she completes the judge’s checklist, the singer’s close friend Sam Lufti told People magazine.

Sam Lufti, whom Kevin Federline’s camp attempted to subpoena in the ongoing custody battle, reminded People magazine in an e-mail that Kevin getting custody is “temporary.”

“We … signed all the necessary documents that she needed to get done,” he said. Britney, he added, is “in a good mood, no problems, very optimistic.”

Monday a judge granted Kevin physical custody of Sean Preston, 2, and Jayden James, 1, “until further order of the court.” Sam Lufti told People magazine that what led to the ruling was just a misunderstanding.

“Scheduling conflicts and errors in communication led her to believe that her deadline was later this week rather than Monday,” Sam Lufti said. “However, once we finally realized what was going on, we completed the list of tasks. …So everything’s looking good.”

At least one of the judge’s requirements, however, remains unfulfilled.

Britney, facing a misdemeanor charge of driving without a valid license, went to the DMV on Monday to get a California license to replace her Louisiana card, but DMV spokesperson Jan Mendoza says Britney hasn’t yet finished the application process.

“As of now, she’s not legally able to drive in California,” said Jan Mendoza.

“Britney Spears is still unlicensed,” Jan Mendoza adds. “She does have a pending application. She’s very close to getting a California license.”

Another hearing in the custody case is set for Wednesday.

I hope that Britney will just hire a driver! She should just quit driving….she can afford it!

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(In the above pic Britney was snapped with her boys leaving Taverna Tonys in Malibu on September 30th) 

Britney temporarily lost custody because she was accused of not taking a random drug and alcohol test and she couldn’t provide a California driver’s license, her lawyer told People magazine.

After a closed-door hearing Monday, a judge ordered that, from Wednesday, Kevin Federline gets physical custody of Sean Preston, 2, and Jayden James, 1, “until further order of the court.”

L.A. Superior Court Commissioner Scott Gordon didn’t outline his reasons in the written ruling, but Britney’s attorney, Sorrell Trope, says, “We weren’t able to prove compliance with what the judge ordered.”

“Specifically,” Sorrell Trope says, “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.”

Later Monday, after handing over her sons to a bodyguard of Kevin’s, Britney applied for a California driver’s license in Van Nuys.

Britney, 25, has been charged with misdemeanor driving without a valid license and hit-and-run following a fender-bender in a store parking lot on August 6th.

Sorrell Trope says another reason behind the judge’s temporary custody ruling “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.”

Sorell Trope adds: “There’s no evidence that she actually failed a test.”

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

Another hearing is set for Wednesday.

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

Wow…this is just plain awful! So, she didn’t actually fail any drug/alcohol tests…she just didn’t take them. I don’t understand how a court can possibly see that as being exactly the same as failing a test. What about “innocent until proven guilty!?” Also, no one should have physical custody of their children taken away from them just because they don’t have a valid driver’s license! And the “hit-and-run” fender-bender was probably just Britney trying to escape the paparazzi that chase her CONSTANTLY! It sounds like Kevin is being a real jerk…and probably using money he stole from Britney to pay for some sleazy and aggressive lawyers!

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