Britney Spears and Kevin Federline's attempt to settle their custody battle out of court has failed. "The mediation didn't result in an agreement that would avoid the trial set in August," Federline's lawayer Mark Vincent Kaplan told E!. "The mood was comfortable, positive and it was a mood that was consistent with opening at least a great dialogue, which is necessary." Kaplan added that Kevin is seeking sole physical and legal custody of their sons. "Britney has to show the court that she's improved as a mother. If she loses, the gut-wrenching part is that she could miss out on a significant portion of her kids' childhoods," L.A. family lawyer Lynn Soodik told People magazine. ""However, since she's under conservatorship, it's unlikely she'll win any legal custody. If she can't make decisions for herself, how can she decide things like which doctors, schools and religion, if any, are best for the kids?"















