Usher & Tameka Foster: The Custody War That Turned a Near-Drowning Into a Courtroom Battle
A medical emergency, a child's near-drowning, a stepson's death, and a judge who gave custody to the father
Key Facts
What Happened
R&B superstar Usher Raymond married stylist Tameka Foster in August 2007. Foster was 10 years older than Usher and already had three children from previous relationships. The marriage was controversial from the start — Usher's mother Jonetta Patton publicly opposed the relationship, and many fans viewed Foster as a negative influence. The couple had two sons together: Usher Raymond V (born 2007) and Naviyd Ely Raymond (born 2008).
In early 2009, Foster traveled to Brazil for liposuction surgery and suffered cardiac arrest before the procedure, ending up in a medically induced coma. Usher filed for divorce three months later. The divorce became a brutal custody battle that played out in Atlanta courts for years. In 2012, a Fulton County judge awarded Usher primary physical custody of both boys — a relatively rare outcome for fathers in Georgia custody cases. Foster was granted visitation rights.
The case took a tragic turn in July 2012 when Foster's 11-year-old son from a previous relationship, Kile Glover, was killed in a jet ski accident on Lake Lanier. Then, in August 2013, five-year-old Usher Raymond V nearly drowned in a swimming pool at Usher's home while trying to retrieve a toy from a drain. Foster filed for emergency custody, arguing Usher was negligent. An Atlanta judge dismissed her request, finding that the accident was not evidence of negligence and that changing custody would not serve the children's best interests.
The case illustrates the brutal reality of high-profile custody battles. Accidents happen to children under both parents' supervision, but in a contested custody situation, every incident becomes ammunition. Foster lost her stepson, nearly lost her biological son, and still could not convince the court to change the custody arrangement. The case is a powerful reminder that custody decisions are based on overall parenting patterns, not isolated incidents — even terrifying ones.
Legal Breakdown: Child Custody
Fathers Winning Primary Custody
Usher's primary custody award challenged the assumption that mothers always win custody. Georgia courts use a 'best interest of the child' standard that is officially gender-neutral. Factors include each parent's stability, income, home environment, relationship with the child, and willingness to facilitate the other parent's involvement.
Emergency Custody Motions After Accidents
Foster's emergency custody request after the near-drowning was denied because the court found no pattern of negligence. Courts distinguish between isolated accidents and ongoing unsafe conditions. A single incident — even a serious one — is rarely enough to change a custody order unless it reveals systematic neglect.
Extended Family Influence on Custody
Usher's mother played a significant role in the custody case, testifying about her involvement in the children's care. Courts consider the quality of each parent's support network, including grandparents and other family members who assist with childcare. A strong extended family can strengthen a custody argument.
What This Means for Your Divorce
- →Fathers can and do win primary custody. If you believe you're the better primary parent, pursue it — courts are increasingly gender-neutral in custody decisions.
- →A single accident is unlikely to change a custody order. Courts look for patterns, not isolated incidents. Document ongoing concerns, not just one-time events.
- →Build a strong support network before the custody hearing. Judges want to know your children will be well cared for even when you're at work.
- →If you've experienced a tragedy (like Foster losing her stepson), seek therapy before entering the courtroom. Grief can impair your judgment and presentation in custody hearings.
Going Through a Divorce?
Get confidential guidance tailored to your situation — free, private, and available 24/7.
Related Cases
Evander Holyfield & Multiple Spouses
United States · 1991–2012
He earned $250 million in the ring. He lost it all — three divorces, eleven children, and a foreclosed mansion.
Custody & ChildrenEminem (Marshall Mathers) & Kim Scott
United States · 2001 / 2006
Two divorces, a $10 million lawsuit, songs about killing her, and a custody battle that consumed a decade
Custody & ChildrenNas & Kelis
United States · 2010
She was seven months pregnant when he filed. He owed $300K in back support. Their son became the battlefield.
Custody & ChildrenWas this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.