Britney Spears failed to regain custody of her two sons Wednesday but was granted monitored visitation rights.

A temporary arrangement was set Wednesday during a three-hour closed hearing that Britney Spears did not attend. The judge ruled that the troubled 25-year-old will have visitation rights until the next hearing, scheduled for Oct. 26.

Sons Sean Preston, 2, and Jayden James, 1, are to remain in Kevin Federline’s custody until then. In the meantime, Britney can only visit her boys under supervision.

On Oct. 26, both Britney and Kevin will be required to be present, according to court representative Allan Parachini. People.com quotes Parachini as saying: “Britney's access to her kids works out to about every other day.”

After the hearing, Kevin’s attorney, Mark Vincent Kaplan, said, “We felt (the custody) orders were justified and Kevin was pleased with the orders in place.” He added the children are “good and right now they're in (Federline's) custody.”

It was Monday that Los Angeles County Superior Commissioner Scott Gordon ruled that the singer be temporarily stripped of custody of Sean Preston and Jayden James, “until further notice of the court.”

Britney had failed to comply with any of the commissioner’s orders. She had failed to obtain a valid California driver’s license and had also been photographed by the paparazzi as she drove her sons around on Saturday, without a driver’s license – i.e., illegally.

Likewise, she was supposed to enroll in parenting classes, which she reportedly did not and take drug tests which again, she apparently did not.

According to People.com, Britney’s attorney, Sorrell Trope, explained that his client temporarily lost custody because she couldn't provide proof of having a valid California driver's license at Monday's hearing. She was also accused of missing a drug test, “but there's no evidence that she actually failed a test,” Trope said.

Trope had no comments Wednesday as to Britney’s absence from court. She was seen around town however, driving her dog, stopping at a Starbucks and at a gas station. At least now she has applied for a driver’s license in the state of California.

People.com also quotes Sam Lufti, supposedly one of the singer’s close friends, who says the mother of two remains “very optimistic” that she will regain custody once she completes the judge’s “list of tasks.”