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
you have to remember, unless you re a friend of derek medina s or of his wife, you wouldn t have seen this image. ashleigh. or friends of friends who can get access to that as well and boy this viral photograph, that can happen so, so quickly, evidenced by this. nick valencia, thank you for that. you bet. music icon usher and his ex-wife, they are both headed into a courtroom today because they are in a fight over the custody of their two young sons. tameka foster raymond filed for an emergency hearing after their 5-year-old nearly drowned monday in a swimming pool at usher s house. it was the singer s aunt who called 911. now, usher is the person who has the primary custody of these boys. but his ex says that he is an absentee father. he spent 85% of the time away from his home. and that those kids are in the custody of family and friends instead.
given to him one month after the 11-year-old of tameka had died in a boating accident. we have acrimony. this is a mom who didn t get custody of her kids. she s been fuming, no doubt, for a year now. and then she posts this picture on the internet right after the injury of sort of an erie picture of her and her son. why was that done? and then finally, we have the legal end of it where now they are in court dramatically right after the incident and he s a celebrity. so it s all over the place. so it s anything but a run of a mill case. and we should mention that that other child who died was not in the care of usher at the time that that terrible tragedy happened. it was a water sports accident in which he died. but specifically, danny, if you want to challenge this and you want to use this pool incident as the reason for this, don t you have to show something like negligence, recklessness, or
per se violation. so jeff gold, not to suggest that you ve had a chance to look at their particular parenting plan when it came to this custodial agreement, usually they are pretty darn careful about the t s be crossed and the i s be dotted about time when you re with those children, whether the other parent is allowed to sign off on the caregivers and, three, first right of refusal, if you re gone for 24, 36, 48 hours, that custody reverts back to the noncustodial parent. wouldn t you think that usher would have done a very particularly specific job on the parenting plan to make sure there s no loopholes? yeah, i can imagine them being sloppy about it, as many parents are. but look what we have swirling around. we have tragedy. you know, the injury of his son. remember, the custody was only
sorry for what happened and said that, quote, we think all of our guests and clients should be treated respectfully, in a professional way. meanwhile, the bbc is reporting it tracked down that store owner who said the whole thing was just a big mix-up. quote, i have to admit that the employee is italian. of course, she speaks english, but not as well as her mother tongue. it was a real miscommunication. oprah is reportedly one of the world s richest women with an estimated net worth of nearly $3 billion. the ring would have been easy. a judge has sided with the singer usher after his ex-wife tried to get temporary custody of their two kids. the judge tossed out her emergency request which also called for decision-making authority. this latest child custody battle between the couple followed a scare earlier in the week at the grammy-award winner s home when the 5-year-old son got caught in a pool drain and real almost drowned. he was in the care of usher s aunt at the time. he reporte