It was bad news for Britney Spears. On June 26, one day after enjoying her first overnight with her sons, an attempt to settle her custody battle with ex Kevin Federline out of court fell apart. Britney hopes to regain fifty-fifty custody and is set to fight it out in court on Aug. 25.

But Britney wants to be with Sean, 2, and Jayden, 1, at all costs — and she’s got a backup plan. “If she loses in court, she sees being as close to Kevin as possible as a way to have more time with the kids,” says a Spears family insider.

For more on Britney’s tactful plan to win Kevin back, pick up the latest issue of Life & Style, on newsstands now!