Brit's lawyer talks speaks on custody ruling

Britney Spears temporarily lost custody of her kids because she was accused of not taking
a random drug and alcohol test and she couldn't provide a valid California Driver's license,
her lawyer tells People.com.

After a closed door hearing Monday, a judge granted Kevin Feterline 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 Spears's
attorney, Sorrell Trope, says, "We weren't able to prove compliance with what the judge
ordered."

"Specifically," Trope says, "the judge ordered that by 10 a.m (Monday morning), both
parties show a valid California driving licences. I've been unable to produce evidence of
that."

Spears, facing a misdemeanour charge of driving without a license, went to the Department
of Motor Vehicles on Monday to get a California license to replace her Louisiana card, but
DMV spokesperson Jan Mendoza says, Spears hasn't yest finished the application process.
"As of now, she's not legally able to drive in California," says Mendoza.

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...about having a random drug and alcohol test"

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.

Meanwhile, Spears is "very optimistic" she'll get her sons back as she completes the
judge's checklist, the singer's close friend Sam Lufti says.

Federline's attorney declined to comment, but a course close to Federline says he was
"thrilled" about the temporary custody change. Another hearing is scheduled for today.