Usher's Ex Seeks Custody After Pool Incident

Usher Raymond V's near-drowning has reignited a bitter custody battle.
3:47 | 08/08/13

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Transcript for Usher's Ex Seeks Custody After Pool Incident
Good morning, steve. Reporter: Good morning, josh. At one point, this child was under heavy sedation. But his family says he is up and recovering. This morning, usher raymond is speaking out for the first time about his son's near-drowning. Writing in a statement that, i am blessed and fortunate to say that my son, usher v is doing well and is recovering. I'm overwhelmed by the outpouring of prayer, love and support for my family's well-being. My nephew was in the pool. And he went in. And I couldn't get him. Reporter: There was this frantic 911 call, placed by the singer's aunt, rena oden, who is out of breath. She was baby sitting monday afternoon, when the boy went under and didn't come back up. The ambulance is here. Reporter: The first responders who answered that call, tell us they believe that usher v was trapped under water for at least two minutes before two contractors who were working inside the home were able to free his hand from a drain at bottom of the pool and then save his life, giving cpr. Overnight, usher's ex-wife, tameka raymond, tweeted, I'm happy my son is doing better, talking and asking for food. She didn't waste a moment, calling her lawyer. Finally, this request, the day after the accident, challenging her ex-husband's custody of their two children. Miss raymond would prefer to parent her children rather than nannies or third parties. Reporter: She made similar arguments at a custody hearing last near, where she lost. He's traipsing in with his girlfriend. Reporter: In court, usher fought back and said his ex-wife was unstable and threatened to kill him. But he never called police. I didn't want the boys to know that their father put their mother in jail. Reporter: Since then, the grammy award-winning singer has been sharing with the world the joys of his fatherhood. Posting these pictures on facebook the day before the accident. And telling robin last summer, he loves being with his children. It's taking the time to actively be there. It's a day-in/day-out process. Reporter: In interviews, usher said most of the heat he's taking from his ex-wife is drama, that comes from being a celebrity. That emergency hearing is scheduled for friday at 2:00 p.M. Josh? Thank you for that, steve. We're going to bring back dan abrams, our chief legal affairs anchor. You hate to look at things like this and think of words like leverage. But usher's ex-wife has leverage for the children. You don't change custody because something horrible happened. What she's saying is this is more than that. She's saying this has been a substantial change in the circumstances, more broadly, since the initial custody ruling. She says that the caretakers who are there, are a problem. She says that usher's not around. That he's traveling too much. That the kids are going to school too far away. So, she's bringing up a lot of the same arguments that she brought up and lost on earlier. But now, inserting in what happened here, and saying, this is further proof of the problem, in particular, with child care. Lots to prove here. Is there any risk for her, then, in seeking a custody hearing so soon after the fact? When you're deciding custody everything comes into play. You're talking about what's in the best interest of the child. And so, how the litigation moves forward matters. How they deal with each other when they're fighting matters. I'll bet you will hear from usher's attorney saying, oh, so the first thing she does, the very first thing she does, is go back to court, rather than first worry about the safety of our child. Okay. Most important thing that matters, the health of usher v.

This transcript has been automatically generated and may not be 100% accurate.

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