Usher’s ex-wife, Tameka Foster, is now seeking custody of their 5-year-old son Usher Raymond V after Monday’s pool accident that landed the little boy in the hospital.

The former Voice mentor wasn’t at home during the incident, in which their son got his hand stuck in the pool drain and couldn’t get it out.

According to TMZ, Foster is now citing a dangerous environment for wanting to take custody away from her ex. She filed paperwork in Fulton County, Georgia, asking for an emergency hearing later this week.

Foster claims Usher isn’t fulfilling his parental responsibilities by letting other people care for their children. They also have a younger son, Naviyd. She cites that the kids’ aunt isn’t fit for raising them and has complained about her in the past, saying she’s too physical. Foster says she allowed a stalker to enter the home she was staying in with Usher and Naviyd.

NY Daily News reports that the Grammy winner currently has primary custody of the boys and Foster has visitation rights, which she’s hoping to undo.

Both parents were by their child’s side in the hospital on Tuesday, and Foster told CNN “My son is okay, but I have no further comment at this time.”

image: NBC