The media has had its ‘fun’ with Britney Spears’ VMA performance however, as she now stands a real chance of losing her custody battle with Kevin Federline, the merriment has all dried up.

Britney Spears and Kevin Federline were officially divorced in late July and agreed on joint physical and legal custody of their two sons. Only days later, Federline’s attorney filed for sole physical custody of the boys.

Monday morning could well bring about Federline’s victory in the custody case. Los Angeles attorney Gloria Allred is reportedly pulling out an ace from her sleeve, in the form of a “secret” witness.

Fox News reports on its website that the mysterious witness that will be present Monday in court is described as a man who has been closely observing Britney’s behavior around her sons.

Allred reportedly filed a signed declaration from the witness last week, a document that is now in the judge’s hands. Commissioner Scott Gordon can read the declaration and decide to include it in the case’s existing papers.

Fox News speculates that the witness’s declaration regards the singer’s use of drugs in her home and in front of the kids, Sean Preston, 2 and Jayden James, 1.

There has been much talk about the custody feud between Britney and her former husband. His legal team was quite busy throughout August, serving several persons from the pop icon’s entourage with deposition subpoenas.

Britney’s former personal assistant, her current personal assistant, her driver/bodyguard, her former manager as well as an employee from the Promises rehabilitation center in Malibu and others will answer questions about Britney’s parenting skills and lifestyle.

Federline’s lawyer handed a deposition subpoena to a chief administrator at the Promises rehabilitation facility in Malibu in mid-August, seeking the singer’s rehab records. Britney spent several weeks at Promises earlier this year, after the notorious head-shaving incident in front of the paparazzi.

“They are pursuing all relevant evidence from every potential source and every available witness, including witnesses who might actually believe they could succeed in becoming unavailable,” a source told “Access Hollywood” at the time, referring to Kevin Federline’s legal team.

Among those hoping to “become unavailable” was Britney’s former manager, Larry Rudolph, who had reportedly tried to avoid being served.

According to reports, Britney and Federline had a meeting last week which resulted in an agreement that Britney continues to pay her ex $20,000 a month, until either of them dies or he remarries.

However, TMZ.com reports that the existing prenuptial agreement between the two will put a stop to Federline’s allowance in two months. Federline has two children from a previous relationship.

Britney’s most recent public mishaps are her comeback performance at the MTV Video Music Awards on Sept. 9, widely and savagely criticized, as well as new photographs of her going out without underwear.

Federline’s lawyers have many stories to tell about Britney’s erratic behavior unfortunately. There are chances she will strike back similarly, as In Touch Weekly magazine reported in early September that Brit Brit had hired a private investigator to dig up some dirt on Federline.