Britney Spears' Ex Kevin Federline Approves of Conservatorship's End If Their Sons Are 'Safe': Lawyer
Federline's attorney Mark Vincent Kaplan tells PEOPLE in this week's cover story, on newsstands Friday, that since the pop star's father Jamie was suspended from his role in her conservatorship last week, their sons, Sean Preston, 16, and Jayden James, 15, "should be able to benefit from the removal of stress from her life so that they have their mom at her best."
A source close to Britney, 39, says that she "blames" her father as the reason why she hasn't seen her sons — who primarily live with their dad — "as much" since August 2019, when Jamie was involved in an alleged altercation with Sean Preston and was put under a restraining order preventing him from seeing both of the boys.
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"She hopes she will be able to see her boys more now," says the source.
While Kaplan declined to comment on his client's custody arrangement, he says that Federline, 43, is open to the idea.
"If Britney wants to see the children, she's able to see the children," says Kaplan. "Obviously we don't know whether the conservatorship will be continued, but as long as the boys are properly supervised and safe, and Britney is able to do that without the presence of a conservator, he's happy."
Britney's attorney Mathew Rosengart made clear after Jamie, 69, was suspended on Sept. 29 that he is now focused on "terminating the entire conservatorship" at the next court hearing on Nov. 12.
"She is very hopeful now that her dad is out," says the source. "Britney thinks everything will be totally different with Jamie out of her life."
Jamie had been involved in Britney's conservatorship since 2008, when she was placed under it after her erratic behavior culminated in two 72-hour psychiatric holds. Though he stepped down as her personal conservator weeks after his alleged altercation with Sean Preston, he remained on as the conservator of her estate. (Jodi Montgomery, Britney's longtime care manager, replaced him as the conservator of her person, responsible for medical decisions.)
RELATED VIDEO: Britney Spears' Attorney Makes Statement On Father Jamie Spears' Suspension From Conservatorship
In the months that followed, Britney fought in court to have her father removed from her conservatorship. Since getting her wish, "she already feels like she has more freedom," says the source.
But as Britney and her lawyer push towards ending the conservatorship completely, they face a significant hurdle ahead: a potential mental health evaluation, which is typically required by the court before a conservatorship is terminated.
"She feels whatever she does, they'll find a reason to fail her," an insider says of Britney. "She has zero trust in the process." (Britney has referenced her medication and therapy sessions in previous court hearings, but her medical records, including any mental health diagnoses, remain private.)
According to forensic psychiatrist Dr. Rebecca Crandall, who's not involved with the case, Britney's request to skip the evaluation isn't "impossible," but she likely will have to "show up in front of the judge and be able to document and prove she's been clothing, feeding and sheltering herself for a while."
Her legal team and conservators are also working on a plan for her finances should the conservatorship end.
"The goal is to have the conservatorship terminated but continue protecting Britney and her finances," says a source close to the situation, who adds that the star's fortune will likely be put into a trust with professional managers.
RELATED VIDEO: Britney Spears and Fiancé Sam Asghari Joke About Having a Baby Together
As she navigates new challenges, the closest person in her life now is her new fiancé, Iranian-born actor and model Sam Asghari, 27, who popped the question at their Los Angeles home in mid-September.
"He is a great influence on Britney. When Sam is around, Britney's days are very focused," says the source close to Britney. "When she is alone, it's hard for her to motivate herself. He's encouraged her to think about performing again, but it seems she's just not ready."
Now back home in L.A. from her vacation with Asghari to French Polynesia, Britney — who shocked fans hours after the most recent court decision when she shared a series of nude vacation snaps on Instagram — is envisioning her new future.
She's planning for a "small wedding as soon as possible and wants to have more kids," says the source close to her.
At the end of the day, the star dreams of a "simple" life that includes working out, spending time with her children, creating art and gardening, says the source. "She wants the conservatorship to end, but she doesn't seem to have a plan beyond this."
Adds an insider: "She just wants to start fresh."
For all the details on what's next for Britney Spears, pick up the latest issue of PEOPLE, on newsstands everywhere Friday.
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