Tameka Foster and Usher

Usher's ex-wife Tameka Raymond has filed for temporary custody of their two children following the pool accident that caused their son to be rushed to the hospital, TMZ reports.

On Monday, Usher Raymond V dove to the bottom of a residential pool to get a toy that was stuck in the drain. He got caught in the drain and after both his aunt and the maid were unable to rescue him, two audio-visual contractors working at the Atlanta home were able to free him, administer CPR and take him to the hospital.

Usher's son rushed to the hospital

On Tuesday, Tameka filed documents claiming that the 5-year-old was left unsupervised when the accident occurred and that Usher delegated his responsibilities to his aunt. She says that he often leaves his children under the care of others since he's out of town 85 percent of the time each month. Tameka is seeking decision-making power over the children's education, healthcare, religion and extracurricular activities. A hearing date has not been set.

Usher Raymond V is the eldest of Usher's two sons with his ex-wife, Tameka. Last year, Tameka lost her 11-year-old son from a previous relationship, Kile, because of injuries he sustained in a jet ski accident.