As I type this, Usher Raymond and his ex-wife Tameka Foster Raymond are in a Fulton County Superior courtroom as their custody battle resumes.

[READ: Baby Usher in Recovery + Raymond vs. Raymond Custody Battle Coming Soon…]

As 5 year old Usher V (‘Cinco’) recovers from nearly drowning while in the care of their superstar father, Tameka is holding no punches and seeks to resume custodial control over her two children Usher V and 4-year-old Naviyd.

Usher won primary custody of the couple’s two children last year after a bitter court battle where many were skeptical about details of the judges decision.

Tameka re-filed for custody modification earlier in May after also filing an appeal of the prior decision. Neither case has been heard.

The custody issues came to a head when lil Cinco nearly drowned in Usher’s pool Monday after being stuck in a drain.? That’s why she decided to file for an emergency hearing on the matter.

“Her concern is more about how he prefers to leave them with third-party caregivers over her. She wants to be able to take care of the kids while he’s gone,” attorney Angela Kinley said Thursday.

More details + photos below…

Tameka’s attorney’s filed a motion for an emergency hearing, which accuses Usher of being “not capable of providing daily caregiving and supervision for the minor children of the parties as petitioner is preparing to film a movie in Panama and has ongoing commitments that require his presence in Los Angeles, New York and various other cities for ‘The Voice’ and his upcoming album.”

According to the document, Tameka Foster Raymond blames the swimming accident on “the negligence and failure to properly supervise” the children. Usher’s aunt was in charge of the children when the oldest son “suffered a near-death accident while left unsupervised in a swimming pool.”

The motion also accuses Usher of not talking to Tameka Foster Raymond about issues affecting the boys, “including school enrollment and summer activities.” The private school in which the singer just enrolled their children is more than an hour from her home, according to the document, and Usher has not given her the phone number to the home he moved to with the children in June.

As I type this, Tameka is on the stand in court.? She’s being asked about her concerns for her children and says that Usher intentionally keeps information from her about the kids, which is why she’s concerned for their safety.

At this point, Tameka says while Usher has custody, she rarely knows where her kids are and who they are with because Usher doesn’t communicate with her and won’t respond to emails or phone calls.

Tameka also testified that she didn’t know where Naviyd was for at least 2 hours after Cinco’s accident and she says that that’s a common problem.

I don’t know where my children are. I don’t know who my children are with. I don’t know that my children are dis-enrolled from one school and enrolled into a new school.? I don’t know the phone number to his house. I just got the phone number the day we had a status conference.

I didn’t have the number to his house! I’ve never seen the house. I didn’t know his girlfriend lived there…. I don’t know a lot.

And for the record… according to the police report Usher was NOT at home the time of the accident (as was initially reported).

The situation is getting ugly.? I will update more later.? Stay tuned…

Do you think Tameka’s argument about Usher leaving the kids with too many people is valid?

**UPDATE 8/9/13** Judge Denies Tameka’s Request for Temporary Custody – CLICK HERE for details & WATCH FULL VIDEO of Emergency Hearing.

 

Photos via AJC