9:56 AM EDT 8/10/2013
Usher Raymond will retain primary custody of sons Usher V, 5, and Naviyd, 4.
The R&B singer appeared in court on Friday, August 9, after his ex-wife Tameka Foster, 42, filed for an emergency child custody hearing in light of a pool accident that almost led to the death of Usher V.
The former spouses had a bitter custody battle in 2012, where Raymond won primary custody of his children. On the other hand, Foster had limited custodial rights.
When it was Foster's turn at the stand, she started with giving an update on the medical status of Usher V. "My son is alive. He's alive. I'd say he's doing well," the Usher's ex-wife told the courtroom. "I wouldn't say he's at 70 percent, but he's well, because he's alive."
Foster claimed that Usher V "had to be revived and brought back to life." She added, "My son basically had died on the scene, from what I was told by the doctor."
Raymond's lawyers asked for Foster's allegations to be dismissed as hearsay. The judge sustained.
"It's not hearsay because I'm in the hospital with my son," Foster argued.
Foster also added that Raymond waited for an hour before informing her that Usher V had been hospitalized.
"I thought my son's arm was maybe broken, maybe playing or something, because I knew he wouldn't call me if it were a minor abrasion or a cut," the celebrity stylist said, noticing that they usually correspond using email. "But he called and said that my son had been cut and he was on his way to the children's hospital."
After hearning both sides, Fulton County Superior Court Judge John Goger ruled in favor of Raymond dismissing the request of Foster for a temporary primary custody and decision-making authority. Based on the evidence presented, Goger said that what happened was an awful accident. However, he also advised Raymon to keep his ex-wife informed about his whereabouts and on who's taking care of the children.
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