Despite claims singer Usher Raymond, has allegedly created a "dangerous environment" for their children, a court has dismissed the singer's ex-wife, Tameka Foster's request for primary custody, according to People Magazine.

Usher and his ex-wife faced off in an Atlanta courtroom Friday over the custody of their two sons, Usher V, age 5, and Navivyd Ely, age 4. After an afternoon of emotional testimony, a judge dismissed the case, leaving the singer with primary custody of the two boys.

According to CNN, Usher's five-year-old son was playing around the pool area under the supervision of his aunt Rena Oden. The young boy fell into the bottom of the pool and his arm became stuck in the drain. Rescue attempts from Oden and the housekeeper where unsuccessful. The boy was later pulled out by two subcontractors, who were later identified as sound technicians, and preformed CRP on the young boy.

During the hearing, both Foster, Usher and Oden, were placed on the stand to discuss the children and each Foster and Usher's parenting. According to People, the parents testified different versions of the saga. Foster claimed Usher has banned her from seeing her children, he leaves their sons in the care of unfit supervision and has been absent as a father figure in his children's lives. The singer said her claims are false, that the children are well taken care of and that he has not banned her from their lives.

After the case was dismissed, the singer hugged Foster and whispered "I'm sorry" several times in her ear before turning his attention to his aunt, who he kissed and hugged in celebration of the verdict.

My favorite 5 year old. What a blessing! I have always loved and appreciated my sons but tragedies and… https://t.co/hcNDFwJ1Hn

— Tameka J Raymond (@TamekaRaymond) August 8, 2013

Usher V will remain in recovery at a local hospital and is expected to be released on Sunday, according to the singer's lawyer.

"I would like to thank my Aunt Rena as well as the doctors and nurses who are working with us around the clock. I would especially like to thank the two men who saved my son's life, Eugene Stachurski and Ben Crews," the singer said in a statement on Wednesday. "They are true heroes and I am deeply grateful to them.

"I am blessed and fortunate to say that my son Usher V is doing well and is recovering. I am overwhelmed by the outpouring of prayers, love and support for my family's well-being."