LOS ANGELES - As Britney Spears was checking out of rehab for the second time in a week on Wednesday, her estranged husband was making plans to go to court amid a custody dispute over their two children.

Kevin Federline and his lawyer were scheduled to appear at a downtown courthouse Thursday for an emergency hearing, Superior Court spokesman Allan Parachini told The Associated Press. It was not known what issue Federline planned to raise.

Federline and Spears have two sons, 5-month-old Jayden James and 17-month-old Sean Preston.

"Our best information is he will be here; she won't," said Parachini. "But anything is possible."

Federline filed papers seeking spousal support and sole custody of the children after Spears sought to end their two-year marriage last November. A temporary court order issued Feb. 1 granted the couple joint custody until the end of this month.

Parachini said Federline's lawyer would try to persuade a Superior Court commissioner that the matter is urgent enough to be handled on an expedited basis.