Kevin Federline is laying the foundation for his custody case against Britney Spears. Spears cousin/assistant Alli Sims, along with music producer JR Rotem were subpoenaed outside a party in the Hollywood Hills around 2:30 this morning.

Federline’s attorney, Mark Vincent Kaplan has made it very clear that his client has serious concerns about the safety and welfare of his and Spears’ two children, Sean Preston, 23 months, and Jayden James, 11 months.

According to a source familar with the custody battle, Sims’ deposition gives Kaplan the ability to, “ask her about everything. What she feeds the kids, what’s going in the bottles, how late they’re staying up and about what Britney is like when she parties.”

Federline’s attorney appears to be wasting no time acting on his client’s behalf. On August 8, the attorney filed documents in the family law department of the L.A. Superior Court that, according to another Us source, may have been a petition requesting the court grant Federline primary custody.

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Filed under: Alli Sims, Britney Spears, Celebrity Babies, Celebrity Breakups, Kevin Federline