Britney Spears' lawyer, Mathew Rosengart, has asked Judge Brenda Penny to hold a hearing as early as this month:

Britney Spears' new attorney, who took office only a few weeks ago, has urgently filed a motion asking the judge in the singer's custody case to postpone the hearing to immediately determine whether Jamie Spears will be removed from his daughter's custody.

The next hearing is currently scheduled for Sept. 29, but attorney Mathew Rosengart is reluctant to wait a day and has asked Judge Brenda Penny to hold a hearing as early as this month.

- Ms. Spears' emotional health and well-being must be and are the most important concern. Furthermore, all interested parties agree that the continued presence of Mr. Spears as guardian is contrary to Ms. Spears' best interests, health, and well-being. His quick removal - or, at the very least, his current suspension - is urgent in this case, writes Matthew Rosebgart.

Rosengart has already filed a petition to remove the senior Spears from the role of guardian and replace him with Jason Rubin, of Certified Strategies Inc. in Woodland Hills, California.

Spears oversees finances and a foundation that currently has about $ 60 million in his daughter’s account over a 13-year custody career, which the singer called “offensive”. Addressing the court last month, the singer said she wanted to file a lawsuit against her father for "abuse of custody".

Earlier this year, through his attorney Vivian Lee Thoreen, Jamie Spears said he believes every decision he made as a guardian was in his daughter’s best interest.

Rosengart said the situation had become "toxic" between the singer and her father and that he was "guilty of misconduct or embezzlement."

“For more than thirteen years, applicant Britney Jean Spears has endured custody which, certainly as far as James P. Spears is concerned, has become increasingly toxic and simply no longer durable,” Rosengart wrote in his request to remove Spears from custody. 

- In addition to depriving his daughter of dignity, autonomy, and certain fundamental freedoms, Mr. Spears is also guilty of embezzlement or abuse that justifies seeking damages or other legal action against him, the lawyer added.

Rosengart described the arrangement as a "Kafkaesque sea" for her client in which her father paid himself $ 16,000 a month from Britney Spears' property - $ 2,000 more than was allotted to him - and an additional $ 2,000 a month for his office expenses.

A petition to remove the singer's father from custody is sought by her mother, Lynne Spears, who said in a court filing that her daughter's relationship with her father "came down to nothing but fear and hatred" after he "exercised absolute microscopic control" over her life.