UPDATE: Usher Retains Full Custody of Children

Judge rules in emergency hearing filed by Tameka Foster.

Posted: 08/09/2013 03:15 PM EDT

UPDATE:

The judge ruled in Usher's favor.  The current custody order will remain, which means Usher keeps primary custody of their two sons.  

PREVIOUS:

Usher and Tameka Foster are back in court today to battle over the custody of their two sons, Usher Raymond V and Naviyd. Foster requested the emergency hearing after Usher V, 5, was involved in a near-fatal pool accident this week at Usher's Atlanta residence.

Through her lawyer, Foster argues that her ex-husband is a negligent parent, saying "I don't know where my kids are, who they're with, who's taking care of them." Usher was not at home at the time of the pool incident, during which Usher V got his hand stuck in the pool drain while trying to retrieve a toy, but arrived in time to ride with his son to the hospital. Usher's aunt Rena, along with a nanny, was supervising the kids. 

While Foster argues that Rena is an unfit caretaker, Usher claims the accident "could have happened to anyone" and that his aunt is a "hero" for saving their son. According to TMZ, Rena has taken the stand at the hearing and tells the judge she has been caring for the two boys for years and Foster never had a problem with it. The 911 tape from the incident was played for the judge, with Foster aiming to demonstrate that the chaos on the call shows Rena has no control over the kids or household.

Foster also took the stand to voice her concerns over her children's parenting. She reportedly broke down in tears when asked to recount how her 11-year-old son, Kyle Glover, died after his tragic jet ski accident last year. 

Usher's attorneys claim Foster is using the pool accident as a way to gain sympathy from the public and is guilty of an "abuse of process" by asking for the emergency hearing to re-open the custody case. Usher was granted full custody of the boys last year.

Clearly, tensions are high after the near-tragedy as the exes face off in court. The judge should reach a verdict shortly.


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(Photo: Splash News)

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