Usher's ex-wife, Tameka Foster, has been granted an emergency hearing for custodyMonday with the couple's 5-year-old son, Usher Raymond V, in which his hand became stuck in an underwater drain.
Foster and Usher have two sons together, Usher V and Naviyd Ely Raymond, 4. The singer was granted primary custody of their children in August last year, after a bitter battle between the two.
In the motion for the emergency hearing filed on Tuesday, Foster claims Usher has "failed to personally exercise physical custody of the minor children" and utilizes "third-party caregivers...rather than personally exercising parenting time" and alleges that Usher isn't home "85 percent" of the time. She also calls the Monday incident a "near-death" accident, and claims that their son was "left unsupervised in a swimming pool" at Usher's Atlanta home.
According to a police incident report obtained by ET, Usher V was swimming and playing around the pool under the supervision of his aunt, Rena Oden, when he fell to the bottom of the pool and subsequently became stuck in the drain. Attempts by Oden and the housekeeper to remove him were unsuccessful, but luckily a pair of subcontractors -- Benjamin Crews and Eugene Stachurski -- working on a sound system in the house were able to pull the boy from the pool and revive him with CPR.
The incident comes just one year after another water-related tragedy for Foster, whose son Kile Glover.
The emergency hearing on custody has been scheduled for Friday at 2 p.m. before Fulton County Superior Court Judge John Goger.
Usher was married to Foster for less than two years and filed for divorce in June 2009.