Usher's ex-wife Tameka Foster has lost her bid for primary custody of their two children after their eldest son almost drowned in the R&B superstar's swimming pool on Monday (05Aug13).
The Yeah! hitmaker faced off with Foster in Fulton County Superior Court in Atlanta, Georgia on Friday (09Aug13), days after five-year-old Usher Raymond V ended up in a hospital intensive care unit after getting his arm stuck in a pool drain while trying to retrieve a toy.
Foster, who has limited custodial rights, appealed to a judge to review their current custody arrangements amid accusations the singer had abdicated his parental responsibilities by letting his aunt, Rena Oden, and a maid look after their kids at the time of the incident.
During Friday's emergency hearing, Foster claimed the pool accident was an example of Usher's inattentiveness as a father and insisted he failed to employ a competent caretaker for their boys in leaving them with Oden.
Taking the witness stand, Foster told Judge John J. Goger, "I'm just thankful that my son is alive... I think she (Rena) is a nice person but a nanny? No."
She then broke down in tears as she admitted she was unsure if little Usher, who remains in hospital, had suffered any permanent brain or heart damage as a result of the near-fatal incident.
The singer challenged the allegations when it was his turn to give evidence, revealing he had urged doctors to keep the youngster under observation until they were completely sure he would be OK.
He also claimed the children had been thriving under his care and argued that the accident could have happened to anyone.
Judge Goger agreed with Usher and allowed the musician to maintain primary custody, although he warned the star to "keep your former spouse informed about your whereabouts and who is taking care of the kids".
After the emotional hearing, Usher attempted to smooth over relations with Foster, aka Tameka Raymond, by giving her a tender hug and repeatedly whispering, "I'm sorry" into her ear.