ByDavid Latona, writer at Creators.co
David Latona

Via CNN, we've learned that singer-slash-actor 's former wife has filed a petition to regain custody of the couple's two children, after one of them nearly drowned last week in a swimming pool.

Usher Raymond V, only five years old, suffered an accident on Monday when he fell into the family's pool under the supervision of his great-aunt Rena Oden. She, along with the housekeeper and another woman, was unable to retrieve the drowning child from the pool drain. Luckily, a sound technician named Eugene Stachurski came to the rescue and pulled the victim out, immediately performing CPR. A few minutes later, the paramedics arrived, and Usher V was taken to the hospital for observation. According to his mother's twitter, he is doing "much better."

The concerned progenitor, Tameka Foster, blamed the incident on Usher's negligence and failure to properly supervise the children. She has been fighting to obtain primary custody over Usher V and his 4-year-old brother Naviyd for some time now. Last year, she lost the court battle and the kids were given over to the singer for their primary upbringing. However, according to Foster, Usher doesn't adequately care for his sons and acts like an inattentive and absentee father:

He is not capable of providing daily caregiving and supervision for the minor children as he is preparing to film a movie in Panama and has ongoing commitments that require his presence in Los Angeles, New York and various other cities for 'The Voice' and his upcoming album.

Foster's lawyer filed an emergency motion to obtain a hearing on a possible custody modification. The protracted legal battle between the former spouses appears to have no end in sight, as the artist's own attorneys are set to fight back.

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