Britney Spears and Kevin Federline
Owen Beiny/WENN; Ethan Miller/Getty
11/08/2007 at 12:00 PM EST
did not respond in a timely manner to eight of 14 random drug test requests, Kevin Federline
's attorney said in court Thursday.
Alleging the singer lives in a "parallel universe," lawyer Mark Vincent Kaplan reminded the court that the singer had been reprimanded three times by Commissioner Scott Gordon for failing to be reachable by phone.
"Mr. Federline doesn't want to take these children out of their mother's life, but what are we to do?" Kaplan said.
Spears's lawyer, Anne Kiley, called the current drug testing procedure "unconstitutional," adding that just because the singer may fail to respond to testing calls within one hour doesn't mean she's using drugs. Kiley stated that Spears tested clean on 10 occasions.
Explaining why Spears frequently changes her phone number, Kiley said the singer's number often falls into the wrong hands.
When Commissioner Gordon stated that responding to a morning call wasn't an extreme request, Kiley shot back: "But you're not a pop star with a No. 1 album to promote." (Spears's new album Blackout
is No. 2 on Billboard.)
Currently, Spears must submit to twice-weekly random drug and alcohol tests, and is required to give a urine sample within six hours of being called.
The drug testing facility is under court order to attempt to reach the singer three times within one hour. A missed test is considered a failed test.
On Thursday, lawyers for both sides were unable to agree on new testing rules, but will inform Commissioner Gordon by Tuesday if they've reached a decision.
For now, Commissioner Gordon said he didn't care how many times Spears changes her number as long as she properly informs all lawyers involved and the drug testing facility.
"Just because Ms. Spears is unable to return a call within one hour doesn't reflect what kind of mother she is," Kiley told reporters after the hearing. "It's a nonsensical procedure. She could be in a movie or traveling. What matters is that she provides a sample within six hours and that she tests negative."
On Oct. 30, Spears's visitation rights with her sons Preston, 2, and Jayden James, 1, were scaled back after her parenting coach was critical of the pop star.
The couple's next court hearing is Nov. 26.