Usher retains custody of children after son's pool accident

Usher has won his new custody battle against ex Tameka Foster after the former couple returned to a courtroom in Atlanta over the custody of their two sons, Usher V, 5, and Navivyd Ely, 4.

The two have been embroiled in a bitter and very drawn out custody battle following their divorce in 2009, after two years of marriage.

Foster requested the emergency custodial hearing following the near drowning of their eldest son at the singer's home, with claims that Usher was "creating a dangerous environment" for the children and that he left their sons in the care of unfit supervision and that he is an absentee father.

The five year old got his arm stuck in a pool drain as he was trying to retrieve a toy. A maid and his aunt were unable to free him, while two men who were working in the house were able to pull him out as the aunt called 911.

"I would like to thank my Aunt Rena as well as the doctors and nurses who are working with us around the clock. I would especially like to thank the two men who saved my son's life, Eugene Stachurski and Ben Crews," the singer said in a statement. "They are true heroes and I am deeply grateful to them."

After testimonies by both Foster and Usher and his aunt Rena Oden, the judge dismissed the the motion, with the singer being awarded primary custody of the children, again, as the judge lauded Oden.

"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," said Fulton County Superior Court Judge John Goger.

The singer later hugged his ex and seemed to whisper to her "I'm sorry" several times, after the judge advised Usher to keep his ex-wife more informed about his whereabouts and who's taking care of their two children.

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