Usher will retain custody of his two kids after his ex-wife Tameka Raymond filed for an emergency hearing in regard to their two children. he requested the hearing because their youngest, Usher Raymond V was involved in a pool accident in which he almost drowned.

A judge in Atlanta on Friday dismissed the emergency request by Usher's ex-wife seeking temporary custody of their two children, according to ABC.

Usher Raymond V, 5, got his hand caught in the drain of a pool at his father's Atlanta home, when he tried to retrieve a stuck toy. Usher's aunt was taking care of the boy at the time.  A housekeeper tried unsuccessfully to free him, but a contractor working in the home was able to do so and then performed CPR.

After hearing the evidence, Fulton County Superior Judge John Goger said he wasn't certain anyone could have done anything to prevent the accident. The judge also advised Usher, 34, to keep his ex-wife advised of the whereabouts of the children and of who's taking care of them, at all times.

Usher Raymond V was "concious, alert and breathing," when emergency medical workers arrived, according to police. He was still in the hospital as of yesterday.

"They're just assessing him," Tameka Raymond told reporters outside the courthouse after the hearing. "There is a lot we don't know. I mean you can't - it's only been a few days so we're very thankful that he's obviously alive but we still have to observe him and make sure that everything is OK." 

Usher left the courthouse without speaking to reporters.  His lawyer, John Mayoue, said instead of being grateful that her son was alive, Raymond was using the incident to revisit a custody battle and gain publicity.

"He doesn't confer with me regarding anything," Tameka Raymond said, explaining that she never knows where Usher is, where the children are and who's taking care of them. Usher travels frequently and uses caregivers, including his aunt, who aren't trained and qualified to care for young children, Raymond said. 

Judge Coger disagreed and said Usher's standards for taking care of the children were unusually high, and pointed out that many people leave their children with family members.

All of this comes a year after Tameka Raymond's 11-year-old son, Kile Glover, Usher's stepson, died from injuries he suffered when he was run over by a personal watercraft on Lake Lanier northeast of Atlanta. 

Usher and Tameka Raymond married in 2007 and divorced two years later.

Usher is currently coaching on "The Voice," and Tameka Raymond is a hair and wardrobe stylist.