Federline Attorney Says Britney Spears Will Give Deposition Soon in Custody Battle

The attorney for Kevin Federline says he wants to depose Britney Spears soon, the latest step in the former couple's ongoing child-custody battle.

"Britney Spears will have her deposition early (next) year," Mark Vincent Kaplan told People.com late Saturday outside a Beverly Hills restaurant. "We've got a lot to talk about."

Spears, 26, called in sick to a court-ordered deposition Dec. 12, although she was photographed that day driving with a friend.

"She was, in fact, out later that day and night," Kaplan said. "It's not fourth grade where you get a doctor's note and it's all OK."

Spears and Federline have been wrangling for months over custody of their sons, 2-year-old Sean Preston and 1-year-old Jayden James.

Federline, 29, has temporary custody of the children because Spears, who has limited visitation rights, has defied court orders. Spears and Federline were married in October 2004 and finalized their divorce in July.