After her 5-year-old son Usher Raymond V was rushed to the hospital earlier this week following a poolside accident, Tameka Raymond, 42, has filed for custody in Fulton County Superior Court, ABC News has confirmed.
The mother of the boy and ex-wife of singer Usher Raymond filed for an emergency custody request late yesterday, which is being processed now. Emergency custody orders are used when it appears to the court that removal of the child is in his or her best interest.
According to reports, the boy was playing by the pool and got his arm stuck in the drain. After a few attempts to free the boy, two men working nearby were able to intervene and one was able to resuscitate him.
Usher Raymond, 34, was not present at the time of the accident, and Tameka Raymond asked that the hearing be set for Friday.
According to the motion obtained by ABC News, Tameka claims there is a "substantial change in circumstance materially affecting the welfare of the minor children."
In the motion, Tameka Raymond accuses Usher of "negligence and failure to properly supervise the minor child." She also claims he uses "third-party caregivers" as much as 85 percent of each month, when he is out of town working on "The Voice" and his new album.
She also mentions Usher's failure to discuss parenting issues with her, including the school the children are enrolled in, which is an hour away from her home.
"The Voice" star and Tameka Raymond were married in 2007 with Usher Raymond V born later in the year. The couple had another child Naviyd Ely one year later, but divorced in 2009.
ABC obtained the 911 call from Usher Raymond's aunt Rena Oden to police Monday asking for an ambulance.
"My nephew was in the pool, and he went in and I couldn't get him," she said on the tape, while out of breath.
Oden is heard on the tape asking the men if the boy is breathing, to which they respond, "Yes."
Usher said in statement Wednesday night that his son is "doing well and is recovering."
"I am overwhelmed by the outpouring of prayers, love and support for my family's well-being. I would like to thank my Aunt Rena as well as the doctors and nurses who are working with us around the clock," the singer said in a statement. "I would especially like to thank the two men who saved my son's life, Eugene Stachurski and Ben Crews. They are true heroes and I am deeply grateful to them."
Raymond has not yet responded to requests for comment.
With reporting by Candace Smith.