Usher’s ex-wife Tameka Raymond has been granted an emergency hearing for custody following a serious pool accident involving their 5-year-old son Usher V.

From ET Online

In the motion for the emergency hearing filed on August 6, 2013, Foster claims Usher has “failed to personally exercise physical custody of the minor children” and utilizes “third-party caregivers … rather than personally exercising parenting time” and alleges that Usher isn’t home “85%” of the time. She also calls the Monday incident a “near-death” accident, and claims that their son was “left unsupervised in a swimming pool” at Usher’s Atlanta home.

According to a police incident report obtained by ET, Usher V was swimming and playing around the pool under the supervision of his aunt, Rena Oden, when he fell to the bottom of the pool and subsequently became stuck in the drain. Attempts by Oden and the housekeeper to remove him were unsuccessful, but luckily a pair of subcontractors — Benjamin Crews and Eugene Stachurski — working on a sound system in the house were able to pull the boy from the pool and revive him with CPR.

The emergency hearing on custody has been scheduled for Friday at 2 p.m. before Fulton County Superior Court Judge John Goger.