Usher's ex-wife on Tuesday filed legal papers seeking an emergency custody hearing after the divorced couple's son narrowly avoided drowning in a freak pool accident.

The 5-year-old son of the R&B star and his ex-wife Tameka Foster was in the intensive care unit of an Atlanta hospital after getting caught in a swimming pool drain and nearly drowning Monday night. Usher was not home at the time.

Foster filed papers demanding a custody hearing on grounds that the R&B singer is creating a dangerous environment for their two sons, according to TMZ.

In this May 22, 2012 file photo, hip-hop artist Usher Raymond takes the witness stand in court in a legal battle with his ex-wife in a custody fight
In this May 22, 2012 file photo, hip-hop artist Usher Raymond takes the witness stand in court in a legal battle with his ex-wife in a custody fight involving their two sons, in Atlanta. Fulton County Court Clerk s office spokeswoman Cherrise Boone says a judge ruled Friday, Aug. 24, 2012 that the 33-year-old singer will have primary physical custody of Usher Raymond V and Naviyd Ely Raymond. (AP Photo/David Goldman, File)

Usher Raymond V was playing in the pool at around 6 p.m. with his aunt when he dove into the pool to retrieve a toy but got his arm stuck in the drain. The aunt dove down and unsuccessfully tried freeing his arm, as did the maid, who surfaced and screamed for help.

Two men working inside the house dove in and got the boy's arm free, TMZ reports. He was given CPR and an ambulance rushed him to the hospital. By that time, Usher had returned home and rode with his son to the hospital.

Doctors have been running tests and, according to TMZ, the boy should be OK.

Usher Raymond V is the oldest of Usher's two sons with Foster.

Foster's son from a previous relationship, 11-year-old Kile Glover, died in July 2012 after being struck in the head in a jet ski accident on Georgia's Lake Lanier.

Contact Tony Hicks at Facebook.com/BayAreaNewsGroup.TonyHicks or Twitter.com/insertfoot.