cnn s elena is joining us where that hearing is expected in atlanta. other than a garden variety custody hearing, nothing is garden variety when you have somebody in the limelight like usher. we are expecting usher and his ex-wife to be in court in a few hours. they are going to be discussing that hearing. tameka foster raymond requested this hearing a day after the incident. they have two boys, ages 4 and 5. according to court documents, they share joint legal custody of the children but usher has had primary physical custody of the two boys since last year, which means the children live with him. now, in may, tameka filed a civil action looking to change that saying that usher is gone most of the time, saying that the children are in the care of family members. here s what tameka s attorney told us about that. miss raymond s focus is on the health and safety of the children and that they would be