Britney Spears before she went Nuts
On the evening of January 3, 2008, after not sleeping for over four days, Spears refused to relinquish custody of her children to Federline's representatives. In response, police were called to Spears's home. She was hospitalized at Cedars-Sinai Medical Center after she "appeared to be under the influence of an unknown substance", though blood tests tested negative for any illicit substances. She was held for psychiatric evaluation for two days. Pending a February 19 hearing, Commissioner Scott Gordon issued an order on January 14 stating that her visitation rights have been suspended indefinitely. On January 31, a court placed Spears under temporary co-conservatorship of her father James Spears and attorney Andrew Wallete, giving them complete control of her assets. As a result of an order placed by her psychiatrist, she was taken to UCLA Medical Center to be put on a 5150 involuntary psychiatric hold for the second time that month. On February 1, a restraining order was issued against Sam Lutfi, a prominent figure in Spears's life. She was released from the hospital on February 6, amid speculation that she has bipolar disorder, although medical records are classified, and no confirmation has been made. Her parents expressed disappointment and concern at the decision to release her. She has regained some visitation rights after coming to an agreement with Federline and his counsel. On July 18, 2008, Spears and Federline reached a custody settlement in which Federline retains sole custody while Spears keeps her visitation rights.
Vanessa Grigoriadis reported in "The Tragedy of Britney Spears" (2008), her cover story for Rolling Stone, that "more than any other star today, Britney epitomizes the crucible of fame for the famous: loving it, hating it and never quite being able to stop it from destroying you". Grigoriadis wrote that "every day in L.A., at least a hundred paparazzi, reporters and celebrity-magazine editors dash after her" and that paparazzi estimated Spears generated "up to twenty percent of their coverage for the past year". She further documented that in addition to tabloid journalists, the Associated Press declared that everything Spears does is considered news. "The paparazzi feed the celebrity magazines, which feed the mainstream press, while sources sell their dirtiest material to British tabloids, and then it trickles back to America," wrote Grigoriadis, "She's the canary in the coal mine of our culture, the most vivid representation of the excess of the past decade."
In 2008, Spears guest-starred on CBS's television show How I Met Your Mother playing a receptionist. She received positive reviews for her performance as well as bringing in the series' highest ratings ever. Spears reprised her role in May 2008, leaving the storyline open for a future return.
On September 7, 2008, Spears opened the MTV Video Music Awards for the third time. Although having not performed, a skit with Jonah Hill was pre-taped, as well as an introduction speech to the official opening of the show. Spears won Best Female Video, Best Pop Video and Video Of The Year for "Piece of Me". On September 15, Jive released a statement announcing the title of her sixth studio album, Circus as well as the first single, "Womanizer". The single was released to radio stations on September 26, and the release date for the album is December 2, Spears' 27th birthday. On October 15, the song made a record-breaking jump to number one on the Billboard Hot 100, breaking the record set by T.I.'s Live Your Life. It also garnered first-week download sales of 286,000, the biggest opening-week tally by a female artist since Nielsen SoundScan began tracking digital downloads in 2003. It marked Spears's first number one single on the Hot 100 since her debut, "...Baby One More Time".
On October 21, 2008, Los Angeles Superior Court Judge James Steele declared a mistrial and dismissed the August 2007 driving without a license misdemeanor charges against Spears, who was represented by attorney J. Michael Flanagan. Spears claimed she had a valid Louisiana license and a California permit was not required.
On November 6, 2008, Spears won two awards at the MTV Europe Music Awards 2008, "Album of The Year" for Blackout and "Act of 2008", and despite not being present, two acceptance videos were taped and shown at the show. Circus debuted at number one on the Billboard 200 selling 505,000 copies in its first week. This became Spears' fifth number one album, making her the only act in Nielsen SoundScan history to have four albums debuted with 500,000 copies or more. It is also Spears' second album, the first being ...Baby One More Time, to have charted two top-ten singles as "Circus", the follow up single to the number-one hit "Womanizer", debuted at number three on the Hot 100, making it her highest debut on the chart as well as her seventh top ten hit.