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Monday afternoon Usher Raymond and Tameka Foster‘s son Usher V suffered a serious injury during an accident in Usher’s pool at his Atlanta home.

In response to the near-tragedy, Foster filed legal documents in Fulton County, Georgia requesting an emergency custody hearing for the former couple’s sons Usher V, 5, and Naviyd, 4.

Foster asserts that Usher constantly leaves their kids in dangerous environments and she wants custody of the boys.

5-year-old Usher V was stuck under water for minutes after he got his arm stuck in a drain pipe while retrieving a toy. He was being supervised by a relative and a nanny according to reports.

Currently, Usher has full custody of both of his boys.