The “Secret Witness” said to be barred by the judge from testifying in Britney’s custody case is going to get his say in in court after all. K-Fed’s high-powered celebrity lawyer (who does not represent K-Fed – thanks commentor “none” for clearing that up), Gloria Allred, has arranged for the witness, said to be a man close to Britney who is credible, to submit a statement to the judge about Britney’s fitness as a mom in a closed hearing. The witness might testify under cross examination if Britney’s camp requests it.

The witness should appear in court with Allred this morning at 8:30 a.m. PST. Fox News says that the witness’s statement is so damning, it could result in Britney immediately losing custody of her children!

And the witness will be there with Allred at 8:30 a.m. I am told that the witness could blow Spears’ chances of keeping little Sean Preston and Jayden James. The likely observations from the witness concern drug usage by Spears in her home and in front of her kids.

Spears can simply forget reports that were spun to other Web sites that Gordon wouldn’t allow Allred in, or simply rejected the testimony of the unnamed witness. Allred told me Saturday when I reached her by phone that Gordon accepted the declaration and even praised her work.

That’s not good news for Spears, who just had a disaster on the MTV Video Awards and is also trying to complete an album due in stores on Nov. 13. Last week, photos of her without underwear were widely disseminated on the Internet. Federline’s attorney is sure to mention that in court on Monday as well.

Allred, who is often embroiled in very public cases, means business here by the way. She’s kept the witness’ identity a “secret” so as not to start a publicity war. But when the declaration was filed on Friday, Spears and her attorney Laura Wasser would have learned his name. I am assured the person in question is not a drug dealer, and that his credentials will hold up if examined in court.

“You may recognize him as we walk into court,” Allred told me. “But maybe not. He is not famous. He’s just someone who’s concerned about the kids.”

[FoxNews via WeSmirch]

There have got to be some bombshell allegations if it’s possible the Britney will lose custody immediately. I wonder what the burden of proof is in that instance and if the judge is just going to take this guy’s word. There’s a lot of money and the happiness and lives of these little children is at stake. It would be a shame to make a decision like this without solid evidence and a thorough consideration of both sides.

There was a story this weekend that Britney wanted to offer K-Fed a multi-million dollar deal to make sure that she retained custody of her children. He must have thought his chances were better in court if they’re going to call the surprise witness, whose identity has been kept a secret to avoid needless media reports and speculation like we’re doing here.

Both K-Fed and Britney have agreed to keep all the court details private, so it might not be likely that we learn exactly what allegations are lodged against Britney in the declaration by the unknown witness.

There may be another reason why K-Fed is so aggressively going after his kids – his $20k a month alimony payments are set to run out in just two months. Britney’s monthly payments were supposed to continue until K-Fed remarried or died (and given his penchant for cash you know the guy would have rather died first unless he could land another super rich sucker of a wife) but due to their pre-nup K-Fed is about to get cut off.

Given Britney’s record of parenting, though, it doesn’t seem like K-Fed has much to worry about. I was feeling sorry for her when it was first rumored that she might lose her boys a few weeks ago. After the VMA debacle I kind of think she needs something like this to get her ass in gear and realize that she can’t do whatever the hell she wants and have life go on as usual. K-Fed isn’t an exemplary parent, but he does get help from Britney’s mom and dad while she’s effectively cut them out of her life.

If Britney indeed loses custody, she’ll probably still get to see her boys, just on different and more limited terms. I’m a mom and know I would be devastated if I lost custody of my son. I can count on one hand the number of times I’ve gone out past 11:00 since he was born three years ago, though. Britney is young still, but she never seemed to take her role as a mother seriously. She’s just drifting through life and doesn’t seem to take much of anything seriously lately.

Pictures are older ones of Britney at home with Jayden James and Sean Preston from July.