( CNN ) -- Usher Raymond 's 5-year-old son is out of the hospital a week after a near-fatal swimming pool accident , his mother 's lawyer said Tuesday . Usher Raymond V was rescued and resuscitated by a sound tech worker who dove into the pool to free the child from a drain at the music mogul 's Atlanta home on August 5 , according to police . He was rushed by ambulance to Children 's Healthcare of Atlanta hospital , where he was treated until his recent release . The lawyer did not reveal any details of his injuries . `` I do n't know if my son is going to have a brain defect , '' Tameka Foster Raymond testified Friday at a hearing in which she asked a judge to grant her temporary custody of the two sons she has with the singer . Usher has primary custody of the children . `` I do n't know if his heart is operating correctly . I do n't know if my son 's going to be 100 % the boy he was before this incident . '' A judge rejected Foster Raymond 's emergency request , finding that the pool mishap was not crisis situation requiring that Usher 's two children be taken from him . Usher 's ex-wife argued that the boy 's aunt , Rena Oden , who was caring for the child at the time of the accident , is incapable of keeping up with the two children . Foster Raymond testified that she does not trust the childcare of Raymond 's aunt . Fulton County Superior Court Judge John Goger did not agree . `` What happened here was an awful accident and ... I 'm not certain that had any single person been at the poolside that one person could have done any better than Ms. Oden . And Ms. Oden did impress me as a capable caregiver , '' Goger said . `` Based on the evidence I heard , not one person could have done any better than Ms . Oden . '' The judge instructed Usher to keep his ex-wife informed about his whereabouts and who is taking care of the children . Usher , as he is known in his career as a singer and actor , testified that he waited an hour to inform his ex-wife that their son had nearly drowned in a swimming pool accident because `` the first thing to do was to respond to the emergency . ... My son was hysterical and in the back of an ambulance . '' Foster Raymond also said Usher does not keep her informed about what is going on in the children 's lives . `` They come home with bags of medicine . I do n't know why or what illness or who 's taking them to the doctor . ... He does n't confer with me regarding anything , nothing , '' she told the court . Usher won primary custody of the couple 's two children , Usher V and 4-year-old Naviyd , last year after a bitter court fight in which Foster Raymond accused the singer of being an absentee father . Foster Raymond filed in May for a custody modification . That case had n't been heard by the time the swimming pool accident happened Monday , so Foster Raymond filed Tuesday for an emergency hearing on the matter . Usher 's former stepson , also Foster Raymond 's son , died in a watercraft accident on a north Georgia lake last year . CNN 's Nischelle Turner contributed to this report .
The 5-year-old was treated for May at Children 's Healthcare of Fulton County Superior Court . `` I do n't know if my son is going to have a brain defect , '' his mother told a judge . Usher Tameka was rescued after being caught in a swimming pool drain . A judge rejected Foster Raymond 's Foster Raymond 's emergency request for custody of her sons .