The custody battle is officially on between Kevin Federline and Britney Spears.

According to an Us source, Spears’ cousin/assistant, Alli Sims (along with Spear’s music producer JR Rotem) was approached early Sunday morning around 2:30 a.m. outside a party at a Hollywood Hills home and served with court papers.

A visibly upset Sims attempted to avoid being served, and she and Rotem began to argue with the process server. But, as an eyewitness reports, the server was not deterred by Sims’ denials and was forced to throw the court papers through an open car window as Sims and Rotem fled in a friend’s car. Spears was spotted leaving the the same party moments later and eventually joined Sims and Rotem at her Beverly Hills home.

Federline’s attorney, Mark Vincent Kaplan has made it very clear that his client has serious concerns about the safety and welfare of his and Spears’ two children, Sean Preston, 23 months, and Jayden James, 11 months.

“Kevin would like to have as much custody as he could because he feels that the children would benefit from that,” Kaplan tells Us

Federline’s attorney appears to be wasting no time acting on his client’s behalf. On August 8, the attorney filed documents in the family law department of the L.A. Superior Court that, according to an Us source, may have been a petition requesting the court grant Federline primary custody.

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