ATLANTA (AP) -- A judge has scheduled an emergency custody hearing requested by Usher's ex-wife a day after one of the pair's sons nearly drowned in a pool at the singer's Atlanta home.
RELATED: Hollywood's most controversial moms
A lawyer for Tameka Foster filed the request in Fulton County Superior Court on Tuesday and Judge John J. Goger approved it the same day, scheduling a hearing for Friday. The court filing says the boy "suffered a near-death accident" while left unsupervised in a pool at the Grammy winner's home.
A lawyer who has previously represented Usher in the custody dispute did not immediately respond to an email seeking comment, and her office said she was scheduled to be in court all week.
Atlanta police have said 5-year-old Usher Raymond V fell to the bottom of the pool and became stuck in the drain on Monday. A housekeeper tried unsuccessfully to free him. A contractor doing work at the home pulled the boy from the pool and performed CPR.
RELATED: Hollywood's single moms
The boy was "conscious, alert and breathing" when emergency medical workers arrived, police said. The boy was in the intensive care unit of a hospital, being treated for his injuries, Foster's court filing says.
Usher Raymond V is one of two sons of Usher and Foster, who divorced two years after getting married in 2007. The singer went through a long legal fight with his ex-wife and was awarded primary custody of his two sons last year.
Usher has failed to discuss issues affecting the children with Foster, and leaves the children with caregivers when he travels around the world for work rather than parenting them himself, Foster said in a sworn statement attached to the court filing. It isn't in the best interests of the children to be left in the care of third-party caregivers, and Foster is capable of caring for the children, the statement says. The statement also says the children have communicated that they'd rather be with Raymond than with caregivers.
The near drowning of the singer's son comes nearly a year after Foster's 11-year-old son, Kile Glover, died after being critically injured in a boating accident. The boy, who was the stepson of Usher, was run over by a personal watercraft on Lake Lanier northeast of Atlanta.
RELATED: Nastiest custody battles
- Sep. 24, 2016 Pippa Middleton wants Adele to sing at her wedding!