Usher's ex-wife has been denied temporary custody of their two sons.

Tameka Foster, who split from the singer in 2009, lost custody of their boys Usher Raymond V, five, and Naviyd, four, last year but filed legal documents on Tuesday (06.08.13) asking for an emergency hearing, just one day after Usher Jr. almost drowned in a swimming pool when his hand got stuck in a drain.

However, the judge ruled in court on Friday (09.08.13) that the children will remain in 34-year-old Usher's care.

When Tameka, 42, took to the stand, she insisted her son nearly died and claimed Usher waited an hour to inform her.

According to Us Weekly, she said: ''My son is alive. He's alive. I'd say he's doing well. I wouldn't say he's at 70 percent, but he's well, because he's alive.

''He had to be revived and brought back to life. My son basically had died on the scene, from what I was told by the doctor. It's not hearsay because I'm in the hospital with my son.

''The problem is, I don't live with [Usher] - anything I say, he'll stand up and say it's hearsay.

''I thought my son's arm was maybe broken, maybe playing or something, because I knew he wouldn't call me if it were a minor abrasion or a cut. But he called and said that my son had been cut and he was on his way to the children's hospital.''

She also insisted that Usher's aunt Rena Oden, who was looking after the boys instead of their nannies, was incapable of taking care of her sons.

She said: ''Naviyd and Usher are very rambunctious. They're very active. They're very much like twins, they're one year a part. . . There was an incapacity and an incapability to handle the situation,''

When Rena and a maid were unable to free the boy, two men, who were working at the property, jumped into the pool and were able to get him out and lay him beside the pool, where he was immediately given CPR before being rushed to hospital by an ambulance.

Tameka's 11-year-old son Kile, from a previous relationship, died last year after a Jet Ski accident.