Witness in custody case says Spears used drugs

The pop star and her ex-husband Kevin Federline are battling over custody of their sons.

Barretto (28) said in a court filing that he worked for Spears from the time she left a rehabilitation clinic in March until May 17, 2007, and that he watched her behavior in and out of the house.

"Our client was prepared to testify on issues of nudity by Ms. Spears, drug use, and safety issues involving the children post-rehab," Allred said.

Federline`s attorney, Mark V. Kaplan, said it was not unusual for lawyers to decline questioning a surprise witness. "Sometimes lawyers don`t like cross-examining when they don`t know what the extent of the answers will be," said Kaplan.

Kaplan did not discuss what went on inside the hearing, but told reporters his client was not seeking more money from Spears. Kaplan said a new custody hearing would likely come in mid-November. An exact date was not yet available.