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Usher's Ex Seeks Custody of Sons After Pool Accident

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By Aditi Mukherji, JD on August 07, 2013 3:23 PM

Usher's ex-wife is seeking custody of their 5-year-old son after he ended up in the hospital because of a pool accident. The incident happened when their son, also named Usher, got stuck in a drain at the bottom of the pool and nearly drowned. He was trying to retrieve a toy.

Tameka Foster filed for temporary primary custody a day after son Usher Raymond V was rescued from the pool drain, citing a dangerous environment, TMZ reports.

But what exactly is a dangerous environment?

Usher Has Primary Custody... For Now

Usher Raymond V is the older of two brothers. His parents divorced in 2009 and became embroiled in a legal battle over custody. Usher was awarded primary custody last year, according to TMZ.

Generally speaking, it is often in the child's best interest to maintain a close and loving relationship with both parents.

Since Usher Raymond IV has primary custody, the court may be hesitant to dramatically change the current custody arrangement -- even on a temporary basis -- because it could be disruptive for the child.

But if the court finds that Usher really did negligently supervise little Usher, then the court may side with his ex and grant her at least temporary custody.

Dangerous Conditions Alleged

A parent who wants to change a legal or physical custody order generally must file a motion and show that there has been a change of circumstances that affects the welfare of the child.

However, if a child is in any type of danger, a parent may proceed on an ex-parte (emergency) basis to protect the child.

In this case, the hardest thing for Foster to prove will be drawing the line between inappropriate and unsafe actions.

Usher was not present at the time of his son's pool accident, according to TMZ. Instead, Usher's aunt was supposed to be supervising little Usher on his behalf, Foster claims.

But since the singer was entrusted with the child's well-being and Foster is claiming that Usher is out of town 85 percent of the time each month, the court could potentially grant Foster temporary custody until it can thoroughly review the situation.

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