ATLANTA (AP) - A judge in Atlanta on Friday dismissed an emergency request by R&B singer Usher's ex-wife seeking temporary custody of their two children.
Tameka Foster Raymond requested the hearing a day after the former couple's 5-year-old son got caught in a pool drain while in the care of the Grammy winner's aunt. After a hearing in which both Usher and Raymond took the stand, Fulton County Superior Court Judge John Goger dismissed her request for temporary primary custody and decision-making authority.
Based on the evidence presented at the hearing, Goger said he wasn't certain anyone really could have done anything to prevent the accident. But he also advised Usher to keep his ex-wife well advised of his whereabouts and who's taking care of the children.
After the judge issued his ruling, Usher approached his ex-wife and gave her a long hug.
Usher Raymond V fell to the bottom of the pool and became stuck in the drain on Monday, according to an Atlanta police report. A housekeeper tried unsuccessfully to free him. A contractor doing work at the home pulled the boy from the pool and performed CPR.
The boy was "conscious, alert and breathing" when emergency medical workers arrived, police said. The boy was sent to the intensive-care unit of a hospital to be treated for his injuries, Tameka Raymond's court filing said.
The filing had said the boy "suffered a near-death accident" while left unsupervised at Usher's home when the singer was out of town.
Contrary to what Raymond claimed, Usher's aunt, Rena Oden, was poolside watching the children when the older child became stuck in the drain, and Usher was at a music studio one highway exit away, said the singer's lawyer John Mayoue.
Rather than being grateful that her child had survived, Raymond used the episode to revisit the custody battle and gain publicity, Mayoue said.