The attorney for Kevin Federline says he wants to depose Britney Spears soon, the latest step in the former couple's ongoing child-custody battle.

"Britney Spears will have her deposition early (next) year," Mark Vincent Kaplan told late Saturday outside a Beverly Hills restaurant. "We've got a lot to talk about."

Spears, 26, called in sick to a court-ordered deposition Dec. 12, although she was photographed that day driving with a friend.

"She was, in fact, out later that day and night," Kaplan said. "It's not fourth grade where you get a doctor's note and it's all OK."

Spears and Federline have been wrangling for months over custody of their sons, 2-year-old Sean Preston and 1-year-old Jayden James.