AceShowbiz -

Usher has won the child custody battle after Fulton County Superior Court judge John Goger dismissed an emergency request filed by the R 'n' B singer's ex-wife Tameka Foster on Friday, August 9. Foster sought primary custody of their two children after learning that the oldest son, Usher Raymond V, nearly drowned in pool at his father's home earlier this week.

At the emergency hearing in Atlanta, Foster testified that the pool "did not have any kind of safety fence around it" and that the drain in the pool "did not have a proper cover." The former stylist also pointed out that Rena Oden, Usher's aunt entrusted to look after the kids, was an incompetent caretaker due to her disability.

Foster became emotional when the 911 call made by Oden was played in court. "I don't know if my son is going to have a brain defect. I don't know if his heart is operating correctly. I don't know if my son's going to be 100|percent| the boy he was before this incident," she said in tears.

Usher then took the stand, answering several questions from Foster's attorney, Angela Kinley. Saying that he was at a nearby recording studio at that time, the "Yeah!" singer explained why it took him almost an hour to inform his ex-wife of the incident.

"The first thing to do was to respond to the emergency. I went straight home, when I arrived, my son was hysterical and in the back of an ambulance, so got in the back of the ambulance, he was hysterical, did my best to calm him down," he said. "I still didn't understand the severity of the incident. Once I did, I took a moment to call her."

Eventually, the judge sided with Usher and let him retain the primary custody. As court was adjourned, the singer shook hands with his lawyers and embraced Foster after a brief talk. Usher Jr. remains hospitalized at Children's Healthcare of Atlanta Hospital.