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The lawyers were back in court on Thursday while the two ex-spouses stayed out of the way. It seems Ms. Spears has missed eight of 14 random drug test that have been court ordered. The tests have to do with the child custody case that she and Kevin Federline are duking it out in.

"Mr. Federline doesn't want to take these children out of their mother's life, but what are we to do?" Kaplan said.

Mark Vincent Kaplan, lawyer for Federline also brought up the fact that Spears has been reprimanded three times so far for not having a phone number where she can be reached.

Firing back Spear's lawyer Anne Kiley stated that the current drug testing is "unconstitutional." That statement is because once she is called Spears has one hour to get to the testing site. Kiley reminded the court that her client has had 10 negative drug tests.

When Commissioner Scott Gordon told Kiley that a morning call for drug testing was not out of place Kiley shot back with "But you're not a pop star with a No. 1 album to promote."

Gordon recommended that Spears obtain a cell phone that is to be used only for the testing lab.

Presently the singer has to deal with twice weekly random drug testing and required to give a urine sample within six hours of being called.

The drug testing company must call the young mother three times within one hour. If there is no response within those three calls the test is considered positive for drugs.

"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."

The singer's visitation was scaled back on Oct. 30 after a negative report from the parenting coach that is assigned to Spears.