Aug. 7, 2013 at 9:23 AM ET
The near-drowning of singer Usher's 5-year-old son Usher Raymond V on Monday afternoon is having bigger repercussions for "The Voice" coach. While the boy is expected to make a full recovery, reported NBC's Gabe Gutierrez on TODAY Wednesday, Usher's ex-wife Tameka Foster is now looking to revisit their custody agreement.
Foster filed paperwork asking for an emergency custody hearing following the incident. She and Usher battled their divorce out publicly in 2009 but in 2012 he received primary custody of their two sons.
"(The) children are at risk while in the care of third-party caregivers," Foster's legal motion indicated, "(W)hile (Usher) travels around the world for his work-related obligations."
Usher was not on hand when his son had his accident; he was being looked after by an aunt, who breathlessly phoned 911, saying, "My nephew was in the pool, and he ... went and I couldn't get him — I couldn't — couldn't get him."
When the 911 operator asked her to confirm the boy was breathing, she shouted over to the two contractors who had pulled him from the pool, "Is he breathing? Is he breathing?" and when she was told he was, reported back, "He's breathing, yes ma'am."
This latest water-related incident comes just over a year after Usher's 11-year-old stepson was hit by a jet ski and killed on Georgia's Lake Lanier.
There has been no comment from Usher yet. The emergency hearing is scheduled for Friday.