Many people – us included – are wondering why Britney Spears keeps getting second chance after second chance with the court system in her custody case. Most legal experts say that Britney isn’t actually getting any special treatment, though I’m sure people with different experiences might disagree. But according to the American legal system, the presumption is generally that children belong with the mother, and that gives Britney a distinct advantage in court.

But legal experts say despite appearances that Spears, 26, is being given second and third chances, she’s not receiving any special treatment. They say the reason why the legal process is dragging out before the public’s eyes is because it is very difficult to prove that Britney’s relationship with her children is doing more damage than good.

“What you are seeing in California is, in part, the failure of a forensic expert — like a psychologist or psychiatrist — to come forward with substantial evidence that proves it’s best to disrupt the lives of these children,” said Mario Joseph, partner at Joseph and Smargiassi, a New York law firm specializing in matrimonial and family law.

[From Fox News]

I feel like we could probably find a good 30 dozen mental health professionals who would love to say Britney is eight kinds of crazy (yes I’m keeping count). I’m surprised there hasn’t been a court-ordered psychiatric evaluation. I understand that Britney is unlikely to see a professional of her own volition, but it really seems like she has the potential to harm her children. I think it’d be more inadvertent – like she’d be too distracted with doing fake accents and making manic, joker-ish smiles – and one of the kids would fall into the fireplace or something. I doubt she’d throw a kid into the fireplace. But she’s clearly not all there.

Joseph also told FOXNews.com that mothers — non-celebrities included — generally receive the benefit of the doubt. “The reality is that there’s a far higher standard for a father, because there is an age-old presumption that the mother is the more fit parent for an infant or toddler.”

“If it [Britney wants to get custody back] means spending more time with play dates and less time with the likes of Paris Hilton, that’s what she should be doing,” Joseph said. “She needs to appear as if she’s putting the interest of her children before her own.”

The problem is that it’s been difficult for the courts to establish a sense of immediate threat or danger. And that’s prevented any long-term measure, Joseph said. “Dangling a child off a balcony [like Michael Jackson did in November 2002] is clearly an emergent matter,” he explained. “And any reasonably competent parent would understand that driving with a child in the front seat [like Britney did] is not in the best interest of that child. But absent of additional evidence, courts don’t want to change the status quo.”

[From Fox News]

The essential point here is that Britney Spears would actually have to be much crazier than she is – or at least more often – to lose complete custody. She’s not physically endangering her sons. But one can’t help but wonder how she could NOT be endangering their mental health, especially as they get older and are more aware of the impropriety of her behavior. One of a parent’s many jobs is to embarrass the living daylights out of their kids. But there’s a difference between telling a stupid story and walking around without a shirt on.

In the UK, there’s a group called Fathers 4 Justice which maintains that fathers have an equal responsibility and right to parent their children, and as such they should be given equal favor in the custody process. I understand that mothers do of course have their own “special bond” with their kids, but diligent fathers can make the same claim, if to a different kind of “special bond.” It seems incredibly unfair that Britney’s kids should have to live with her lunacy because of a presumption that her role is more important that Kevin Federline’s. Clearly there’s a ton of issues working against what’s best for the kids. Britney is the biggest one.