Tameka Foster, Usher’s ex-wife, has filed to gain custody of their two children after 5-year-old Usher Raymond IV nearly drowned in the R&B star’s pool on Monday.

Foster blamed Usher for the accident, although he wasn’t at home at the time, and plans to hold him responsible in a renewed custody battle. On Tuesday, one day after the incident, Foster filed legal documents to gain cusody of Usher Raymond IV and Naviyd Ely Raymond, 4, citing a dangerous environment, reported TMZ.

Usher with Usher Raymond VI (right) and Naviyd Ely Raymond (left)

On Monday, Usher Raymond VI was swimming in the pool at the downtown Atlanta home when he went to retrieve a toy near the bottom of the pool and got stuck in the pool's drain, reported TMZ. Despite the aunt, Rena Oden, and a housekeeper’s efforts, they were unable to free him. Two contractors working inside the house heard their screams for help, and were able to rescue him. Once they got the boy out of the pool, they performed CPR while Oden called 911.

“My nephew was in the pool,” she told the 911 operator, according to the New York Daily News. “I tried to get him … They got him right now out there with CPR.”

“Is he coming around?” she is heard asking. “He’s breathing!” she told the operator.

Read: Usher's Son Hospitalized After Pool Accident, In Intensive Care

When the ambulance arrived at the house, Usher’s son was breathing and conscious. The entertainer, who had been out at the time of the incident, had returned home before the ambulance arrived and travelled to the hospital with his son. On Tuesday, Usher and Foster were both at the hospital with Usher Raymond VI, who is expected to make a full recovery.

Foster's eldest son and Usher's former stepson, Kile, died last year at the age of 11 in a freak jet ski accident.

– Chelsea Regan

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