Britney Spears Could Lose Custody of Her Two Little Kids as Early as Monday Morning

This is a real possibility, thanks to crusading Los Angeles attorney Gloria Allred. She’s bringing a “secret” witness to court Monday for the custody battle between Spears and ex-husband Kevin Federline.

Forget reports that the “secret” witness doesn’t matter or won’t be heard. In fact, last week Allred filed a signed declaration from the witness, described only as a man who’s had close observation of Spears’ behavior with her kids.

The judge in the closed hearing case, Commissioner Scott Gordon, has the declaration, and does not have to rule on it. He can simply read it and enter it into the case’s existing papers. The only way the witness would testify is under cross examination. In other words, the declaration has already served as testimony. It would only be if Spears’ side decided to question that the witness would be asked to speak.

And the witness will be there with Allred at 8:30 a.m. I am told that the witness could blow Spears’ chances of keeping little Sean Preston and Jayden James. The likely observations from the witness concern drug usage by Spears in her home and in front of her kids.

Spears can simply forget reports that were spun to other Web sites that Gordon wouldn’t allow Allred in, or simply rejected the testimony of the unnamed witness. Allred told me Saturday when I reached her by phone that Gordon accepted the declaration and even praised her work.

That’s not good news for Spears, who just had a disaster on the MTV Video Awards and is also trying to complete an album due in stores on Nov. 13. Last week, photos of her without underwear were widely disseminated on the Internet. Federline’s attorney is sure to mention that in court on Monday as well.

Allred, who is often embroiled in very public cases, means business here by the way. She’s kept the witness’ identity a “secret” so as not to start a publicity war. But when the declaration was filed on Friday, Spears and her attorney Laura Wasser would have learned his name. I am assured the person in question is not a drug dealer, and that his credentials will hold up if examined in court.

“You may recognize him as we walk into court,” Allred told me. “But maybe not. He is not famous. He’s just someone who’s concerned about the kids.”