Britney Spears' lawyer files to remove Jamie Spears as conservator

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Britney Spears’ request to remove her father Jamie from conservatorship gets court date moved up

Pop Star's attorney, Mathew Rosengart, said he looks ‘forward to litigating the matter in court’

Britney Spears new attorney filed a petition Monday to remove the singer's father as conservator of her estate.

According to court documents obtained by Fox News, Spears' attorney Mathew Rosengart told the court that Jamie Spears stripped Britney of her "dignity, autonomy, and certain fundamental liberties."

"For more than thirteen years, Petitioner Britney Jean Spears … has endured a conservatorship that, as it concerns James P. Spears … has grown increasingly toxic and is simply no longer tenable," the petition stated. 

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Singer Britney Spears attends the 29th Annual GLAAD Media Awards at the Beverly Hilton on April 12, 2018 in Beverly Hills, California. Photo by VALERIE MACON/AFP via Getty Images)

The petition seeks to replace her father with Jason Rubin, described in the filing as an "objectively intelligent preference to nominate a highly qualified, professional fiduciary in this circumstance."

The petition included declarations of support from the singer's mother, Lynne Spears, and conservator-of-the-person, Jodi Montgomery.

Her mother argued that since the conservation was in place, the relationship between Britney and her father dwindled to nothing but fear and hatred of him because of his behavior. She said that behavior included constant threats, mistrust, and his complete control over her daughter. 

Lynne Spears also stated that Jamie Spears had complete control over Britney's money and health care decisions. She claimed that Jamie hired a "sports enhancement" doctor who was prescribing what she and others believed to be "inappropriate medicine" to her daughter. 

That doctor encouraged Spears to enter a health care facility she didn't want to and threatened her with punishment if she didn't stay for treatment, Lynne Spears said. 

"It is clear to me that James P. Spears is incapable of putting my daughter's interests ahead of his own on both a professional and personal level and that his being and remaining a conservator of my daughter's estate is not in the best interests of my daughter," she said, according to the filing. 

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Montgomery, who worked for almost three years as a case manager and temporary conservator of the person, said she noticed dynamics that were not psychologically healthy for Spears' mental condition. Montgomery encouraged Jamie Spears to consider stepping down and just be her father, so they could work on having a healthy relationship, she said. 

"I have had numerous, ongoing conversations with the medical team, and we all agree that it would be best for Ms. Spears' well-being and mental health that her father stop acting as her Conservator," Montgomery said.

Rosengart also claimed that Jamie Spears has been paying himself $16,000 per month from the estate, in addition to $2,000 a month for office expenses. Rosengart said he also received 1.5% of gross revenues generated from performances and merchandise sales associated with her Las Vegas residency. 

Jamie Spears cut from the residency was estimated to be $2.1 million, the petition stated. 

"Although it is common for managers, agents, and other industry professionals to receive a percentage of an artists’ earnings, Mr. Spears is none of those," the petition stated. "He is a conservator, and, as a conservator, his role is to be burdened by, rather than benefit from, the conservatorship."

The petition added that since receiving medical care "at the outset of this conservatorship" more than 13 years ago, Britney is "clearly in a different place now."

Rosengart also hinted at possible legal action, stating that the court may one day find Jamie Spears guilty of "misfeasance or malfeasance."

Jamie Spears' attorneys did not immediately respond to an after-hours email from Fox News.

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A hearing on the appointment of a new conservator is scheduled for December 13.

Fox News' Laura Prabucki contributed to this report