Usher and Tameka Raymond in court

Singer Usher Raymond smiled as he arrived at Fulton County Courthouse court in Atlanta, Georgia earlier today to face his ex-wife, Tameka Raymond, in a new child custody battle after one of their sons nearly drowned in a swimming pool accident Monday.

Five-year-old Usher Raymond V, aka Cinco, is still recovering at Children's Healthcare of Atlanta Hospital, according to the Tameka's lawyer, Lisa West.

Tameka took the stand this afternoon and said she was concerned there was no pool drain cover installed in the pool as required by law. She said there have been other incidents -- in addition to Cinco's near drowning this week -- that prove Usher is a bad dad.

Tameka also expressed concerns that Usher's aunt, Rena Oden, was incapable of caring for the 2 boys. Cinco almost drowned at Oden's house on Howell Mill Road in DeKalb County, north of Atlanta.

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Pool entrapment law

On Monday, singer Usher Raymond's 5-year-old son, Usher Raymond V, almost became another tragic pool drain statistic.

The boy was playing in the pool with his aunt when his arm became caught in the pool's drain. His aunt, a nanny, and a housekeeper were unsuccessful in pulling the boy from the drain.

Sound technician Eugene Stachurski, who was installing AV equipment in the house, heard the women's screams and dived into the pool. Stachurski pulled the boy from the drain and performed CPR on him. CNN reports that the child was "conscious, alert and breathing" when an ambulance transported him to a hospital. He was kept overnight for observation.

"My son is OK, but I have no further comment at this time," the boy's mother Tameka Foster told CNN Tuesday. She answered "I have no comment" when asked about media reports that her lawyer filed an emergency injunction to remove her two sons from Usher's care on Tuesday.

Usher and Tameka were lucky. Their son was saved by a quick thinking contractor. But an inexpensive pool drain cover could have prevented the near-tragedy from happening.

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Usher's son nearly drowns

Bad luck seems to follow Usher Raymond and his ex-wife, Tameka Foster-Raymond, everywhere.

One year after her son, Kile Glover, died in a boating accident on Lake Lanier, another son, Usher Raymond V, is in a hospital ICU after nearly drowning in a pool at Usher's Alpharetta home, TMZ reports.

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