On Friday, a Georgia judge dismissed an emergency motion filed by Usher's ex-wife Tameka Foster seeking temporary custody of their two children following the accident. At the time, Usher's aunt Rena Oden had been caring for Usher's son. "What happened here was an awful accident and... I'm not certain that had any single person been at the poolside that one person could have done any better than Ms. Oden. And Ms. Oden did impress me as a capable caregiver," Fulton County Superior Court Judge John Goger said. "Based on the evidence I heard, not one person could have done any better than Ms. Oden."
On Monday, Usher Raymond V dove into the bottom of a pool to retrieve a toy. He got caught, and neither his aunt nor the maid were able to rescue him. Two audio-visual contractors working on site were able to free him, administer CPR and take him to the hospital, where he still remains.
Before the accident, Foster had filed for a custody modification in May. Since the case still hadn't been heard, she filed an emergency hearing on Tuesday. Her son, and Usher's former stepson, died in a jet ski accident in a lake last year.