Usher will retain custody of his two sons after an Atlanta judge dismissed an emergency motion filed by his ex-wife, Tameka Raymond, seeking temporary custody of their children.

The judge ruled that despite the near-fatal pool accident involving their 5-year-old son Usher Raymond V, it was not an emergency or crisis situation requiring that Usher’s two children be taken from him (via CNN).

Usher’s aunt Rena Oden, who was watching the children at the time, took the stand, saying she cared for Usher’s kids for years and Tameka never had an issue with it until now.

Tameka broke down in tears while talking about her son’s accident. “The whole scene was chaos!” she said, adding that she didn’t know if her child had suffered permanent damage.

After the nearly two-hour hearing, Usher hugged his ex-wife before exiting the courtroom.

Usher Raymond V is still in an Atlanta hospital to ensure that “every possible test has been completed.” He is expected to be discharged on Sunday.

“I have always loved and appreciated my sons but tragedies and close calls make this even more evident,” said Tameka.