An Atlanta judge decided that Usher Raymond will retain primary custody of his two sons, Naviyd, 4, and Usher V, 5, with ex-wife Tameka Foster Raymond, reports TMZ.

Judge John J. Goger made the decision at the conclusion of an emergency hearing called after Usher V nearly drowned in a pool at the singer’s home on Wednesday.

Usher’s five-year-old namesake attempted to retrieve a toy trapped in a pool drain on Aug. 6 when his arm got stuck. Adults on the scene, including Usher’s Aunt Rena Oden, attempted to rescue him, but were unsuccessful. Fortunately, two male employees were able to free the child, who received CPR before being rushed to an Atlanta hospital.

During the hearing, Tameka once again accused Usher of being an absentee father who left their children in the care of third parties up to 85 percent of the time. These accusations were rebutted by Usher’s legal council. When Tameka claimed that Usher’s home was complete “chaos,” the singer countered that the accident could have happened to anyone.

In the end, the judge dismissed Foster Raymond’s petition for primary custody, which didn’t surprise many observers. But the sweet hug that the former spouses shared did.

Though Judge Goger said that he was “impressed” with Oden’s qualifications as a caregiver, he also warned Usher that he “would be well-advised to keep [his] former spouse informed about [his] whereabouts and who is taking care of the kids.”

Usher’s 11-year-old step-son Kile Glover was declared brain dead by doctors on July 8, 2012 following a jet-ski accident on Atlanta’s Lake Lanier. He died from his injuries on July 21, 2012.

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