Tameka Foster says her ex, Usher, was negligent by leaving their five year old son in the custody of the boy's aunt, and has filed papers requesting emergency custody.
On Monday, the boy was swimming in the pop star's pool, when his arm got stuck in the drain. His aunt and housekeeper tried unsuccessfully to free him. Luckily, the boy was rescued and revived by two contractors who were working at Usher's house at the time.
The emergency hearing is scheduled for Friday.
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