Kevin Federline’s lawyer failed! It was previously reported that on today’s court hearing K-Fed’s attorney, Mark Vicent Kaplak, would ask the Commish Sanction against superstar Britney Spears and singer would loose custody rights until April, where would be scheduled a new hearing.Kaplak would try to convince the Commish playing a paparazzi video from Britney Spears on last wednesday, when popstar missed a morning court deposition due to illness but appeared later that day according to him partying what in fact she wasn’t, the only thing she had done that day was going to the gas station, Do you party at the Gas Station, Kaplak?

Commissioner Scott Gordon didn’t bother looking at video showing Britney Spears out the same day she missed court deposition claiming to be ill.A next hearing was scheduled to first week of January, But Kaplan argued he needed time to review the depo and check out what Britney says under oath.So Commished pushed hearing to February 19th 2008.

Due to the delay in the proceedings, Kevin Federline will retain primary custody of 2-year-old Sean Preston and 1-year-old Jayden James, while Britney Spears can have court-monitored weekly visits with the boys but will not be allowed to drive with them in light of a series of recent red lights running.

One of Kevin’s attorney request during today’s meeting is that Britney Spears would not be allowed to request any custody changes until she shows up to court (next year), Britney Spears who would spend the Holidays with the sons may now have to split the Christmas day with Kevin.

Popstar Britney Spears needs to appear in February’s 19th Hearing in order to gain more custody rights like drive around with the kids, more night visitations and no more monitored visits.

Sources:TMZ & MTV.com