"We are working toward that," K-Fed attorney Mark Vincent Kaplan exclusively tells E! News.
"There can be an agreement reached in probably the next day, but there is not an agreement that is signed yet."
Kaplan says they are hammering out the last details, but the basic agreement will allow Spears to see her two sons on "pretty much the same schedule that she has now," which is around three days a week. For the sake of the tour, Federline will travel with the kids to tour areas.
"Kevin is working to make them accessible by going on various central locations in various areas of the country, and he is doing that because he wants her to be able to have the maximum positive environment around her to assure that the tour will be successful," says Kaplan
Sean and Jayden will likely not be seeing any of mom's Circus shows nor will they be hanging out backstage.
"I don't think the kids will be at venues. They will be available in her life when she is done with the rigors of performing," says Kaplan.
As for reports that Spears was threatening to cancel the tour if an agreement for the kids to come wasn't reached, Kaplan says that did not influence Federline's decision to allow the kids on tour.
"That would be her decision, but it is not something that would compel Kevin to decide what is best for his kids," Kaplan says.
Kaplan says he does not know if Federline will be bringing his new girlfriend, professional volleyball player Victoria Prince, with him as he shadows his ex-wife's tour. Prince recently decided to take time off from the pro volleyball circuit.
"I don't even know if they know yet, but she is a very solid person and they are really great together. She is very solid, responsible and [has had a] very positive effect."
(Originally published Feb. 4, 2009 at 8:58 a.m. PT.)