(CNN) — Usher Raymond will keep custody of his two young sons. Friday, an Atlanta judge dismissed a request by ex-wife Tameka Foster Raymond.
She filed an emergency motion after their 5-year-old son nearly drowned in a swimming pool accident. The boy got stuck in a pool drain Monday while in custody of Usher's aunt.
"When I arrived my son was hysterical and in the back of an ambulance. I knew there had been an incident in the pool, but I didn't have clarity of exactly what took place. When I got in the back of the ambulance, he was hysterical he didn't want to go to the hospital. He was very irate and I did my best to calm him down and help him understand what had taken place," said Usher.
The judge sided with Usher's attorney who said it was an accident.
Usher got custody of the two boys last year in a bitter court battle.