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A day after Usher's son, Usher Raymond V, was hospitalized after a near fatal pool accident, Usher's ex-wife, Tameka Foster, has filed paperwork requesting an emergency custody hearing.

People reported that Usher's son attempted to retrieve a toy in a pool drain when his arm got stuck. The boy's aunt, who was watching the child, called 911 after attempting to help him out of the pool. The 5-year-old is currently recovering at Children's Healthcare of Atlanta at Scottish Rite and is conscious, alert and breathing.

In today's court filing from Foster, her attorney is claiming that "the children are at risk while in the care of third-party caregivers... while (Usher) travels around the world for his work-related activities," according to NBC News.

So far there has been no comment from Usher. Last summer, Usher's 11-year-old stepson Kile died after being hit by a jet ski. Tameka Foster is the mother of Usher Raymond V and the late Kile.