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ATLANTA - Friday afternoon, Fulton County Superior Court Judge John Gogerdenied an emergency petition from Tameka Raymond for custody of her sons with her ex-husband, Usher.

Usher Raymond V, the 5-year-old son of the couple, was trapped in a pool at the singer's Atlanta home last Monday, when his arm was caught in a drain. Tameka Raymond's attorneys said a lack of supervision of the children, Usher V and 4-year-old Navid, created an emergency that necessitated her being granted custody of the boys.

PHOTOS |Usher's ex-wife denied custody of children

Usher and Tameka Raymond married in 2007 and divorced two years later. They went through a lengthy child custody battle, and Usher was awarded primary custody of the boys last year.

The singer's son was unable to breathe without a breathing tube until around 3 p.m. on Wednesday afternoon. Sources say he is still in the Intensive Care Unity atChildren's Healthcare of Atlanta at Scottish Rite.

Usher released a statement on Thursday saying:

I am blessed and fortunate to say that my son Usher V is doing well and is recovering. I am overwhelmed by the outpouring of prayers, love and support for my family's well-being. I would like to thank my Aunt Rena as well as the doctors and nurses who are working with us around the clock. I'd especially like to thank the two men who saved my son's life, Eugene Stachurski and Ben Crews. They are true heroes and I am deeply grateful to them.

- URIV

READ | Custody hearing court document

11Alive News has learned that papers were filed on Tuesday afternoon at the Fulton County Superior Court, on behalf of Tameka Raymond.

911 CALL | Listen to 911 call regarding Usher's son

This filing came one day after Usher Raymond V, the 5-year-old son of singer Usher Raymond, was rushed to the hospital after a pool accident.

A police report said young Usher became stuck in the drain of a swimming pool when he tried to retrieve something.

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The boy's aunt and the housekeeper both tried to free him without success, before calling for help from contractors working in the house.

MORE | Preventing drain entrapments

The workers were able to free young Usher and performed CPR to revive him.

The incident comes about a year after Usher's ex-stepson, Kile Glover, was killed in a boating accident on Lake Lanier.

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