Usher and Tameka

Usher's 5-year-old son is showing miraculous signs of improvement after nearly drowning in a pool the other day -- in fact, we're told he's already sitting up in bed at the hospital, eating, laughing, and talking to people ... BUT, it may be days before he's released.

Sources close to the family tell us, Usher Raymond V is still in the ICU -- where he's being kept in a private area -- he's expected to be released in the next couple of days.

According to sources, the boy's mother Tameka -- Usher's ex-wife -- hasn't left the hospital since the accident.

As we reported, Tameka blames Usher for putting their son in an environment that led to the near-drowning accident on Monday. She has already filed legal docs seeking primary custody.

Usher's ex-wife, Tameka Raymond, has filed legal docs -- obtained by TMZ -- in which she blames the singer for the near-death pool accident that landed their 5-year-old in ICU.

In the docs, Tameka claims Usher Raymond V was left unsupervised in the swimming pool when his arm got stuck in the drain. Tameka says Usher delegated his supervisory responsibilities to his aunt ... who she believes was not on the ball.

Tameka, who is asking for temporary primary custody of their two children, says it's typical that Usher delegates responsibility for their kids ... because he's out of town 85% of the time every month.

What's more, she says Usher had fired every caregiver who was on staff when he was awarded primary custody ... and she's clearly saying the replacements are not up to snuff.

In the documents, which were filed Tuesday -- the day after the pool accident -- Tameka wants decision-making power over the children's education, healthcare, religion and extracurricular activities.

The hearing has been set for Friday at 2pm ET.

Usher's ex-wife has just filed legal docs asking for an emergency hearing later this week ... to wrestle child custody away from him, on grounds he's creating a dangerous environment ... TMZ has learned.

Tameka Raymond filed the docs in Fulton County, Georgia, claiming Usher is abdicating his parental responsibilities by letting other people care for their 2 kids -- people who she claims are not on the ball.

We know Tameka has specific beef with the Usher's aunt -- who was watching 5-year-old Usher Raymond V when his arm got stuck in the pool drain on Monday. Tameka has complained about the aunt in the past -- alleging she once let a stalker in the house where Usher and the kids were staying. Tameka also says the aunt is too physical in disciplining the kids.

Currently Usher has primary custody of both kids and Tameka has limited custodial rights. She now seeks to reverse that.

TMZ has obtained the 911 call placed by Usher's aunt moments after the singer's 5-year-old son nearly drowned in a pool ... in which she begs the operator to send help ASAP.

Usher's aunt Rena Oden is in hysterics during the call, telling the 911 dispatcher, "My nephew was in the pool. He went and I couldn't get him. I tried to get him. They did CPR on him."

During the call, she says the boy is breathing after receiving CPR.

At one point during the call, you can hear a child -- presumably the boy's 4-year-old brother -- saying the kid is faking his injury. Rena sternly corrects him, saying he is NOT faking.

Usher's son Usher Raymond V is in the ICU at an Atlanta hospital after a serious accident in a residential pool Monday, TMZ has learned.

Sources tell TMZ, the accident occurred yesterday just after 2 PM in Atlanta. We're told Usher was not there at the time.

Here's what we know ... The child was playing in the pool with his aunt and saw a toy in the drain. He dove down to get the toy and his arm got stuck in the drain. The aunt immediately dove in to rescue him but couldn't get his hand out. The maid then dove in and tried but was also unsuccessful.

The maid screamed for help. Two audio-visual contractors working in the house came out, dove in and freed the boy. One of them administered CPR immediately and rushed to the hospital. The boy was "conscious, alert and breathing. People connected with Usher tell us he rode with his son to the hospital in the ambulance, but according to the police report, Usher met his son there.

5-year-old Usher Raymond V is the oldest of Usher's two sons with ex-wife Tameka Raymond. We're told Usher and Tameka are currently at the hospital.

Doctors have been running a series of tests and doctors say he'll be ok.

This is the second accident to strike a child in Usher's family. Tameka's 11-year-old son Kile from a previous relationship passed away last year from injuries sustained during a jet ski accident.

The jet ski operator who allegedly ran over Usher's stepson in a Georgia lake last summer -- killing the 11-year-old boy -- was arrested this morning ... TMZ has learned.

Jeffrey Simon Hubbard was indicted on Thursday by a Grand Jury in Hall County, Georgia.

The District Attorney tells TMZ Hubbard was indicted for Homicide by Vessel, Serious Injury by Vessel, as well as Reckless Operation of a Vessel.

TMZ broke the story ... Tameka Raymond's son, Kile Glover, suffered severe brain injuries on July 6th when police believe Hubbard's jet ski collided with him. Kile was on an inflatable raft at the time of the accident. Kile was vacationing with his father, Ryan Glover, at the time of the incident.

Kile was hospitalized, and never regained consciousness. He died on July 21.

Hubbard is currently being held without bail.

NBA legend Allen Iverson wants a new judge in his divorce case -- claiming the current judge unethically does legal favors for campaign contributors, and he's afraid she will screw him just like she did Usher's estranged wife.

Iverson filed a motion for the judge to recuse herself last month, claiming she has accepted campaign donations from his estranged wife's attorney -- and has a track record of making biased decisions for contributors.

As for the Usher connection -- the lawyer who repped the singer in his child custody showdown with Tameka Raymond is also repping Iverson's ex.

In his motion, Allen claims the judge's decision to strip Tameka of primary custody was biased, and he refuses to get the same treatment.

Usher is finally making good on his threats to evict ex-wife Tameka Raymond from the house she still calls home ... officially listing his Georgia mansion for a cool $3.2 million.

Usher bought the 12,544 square-foot pad in 2007 -- while still married to Tameka -- for $3 million. He officially listed the digs last week.

TMZ broke the story ... Usher's ex has continued to live in the house as part of their 2009 divorce agreement -- but in September, Usher made it clear he was planning to sell ... and Tameka would be kicked to the curb.

As for the house, it's pretty huge ... 6 bedrooms, 7 baths, 10-foot ceilings, massive pool, in-home gym, 4 fireplaces, a library, and a NASA launch pad. Kidding ... NASA doesn't have funding for this place.

More bad news for Tameka Raymond ... first Usher made it clear he's gonna evict her from his mansion ... now TMZ has learned her OTHER landlord -- from a small business she owns -- is suing her for $50k in unpaid rent and other stuff.

Antelope Valley Plaza filed the eviction case against Tameka -- claiming she signed a two-year lease agreement back in 2010 for three retail spaces in a Georgia complex ... where she runs Kangazoom -- an indoor play center for kids.

AVP claims in the docs Tameka was supposed to pony up $9,966.67 / month ... but she hasn't anted up for months -- and now owes $36,943.42 in back rent.

But wait ... there's more. AVP claims she owes more than $4k in late charges, $2k in unpaid taxes all tolled, AVP is gunning for $49,816.18.

Usher wants to make it clear to his ex-wife ... the days of freeloading are OVER -- because TMZ has learned, he plans to sell the mansion she currently calls home.

Sources close to the couple tell TMZ, Usher's lawyer sent Tameka Raymond a letter informing her the 12,000 sq. ft. Georgia home -- which Usher owns -- is going on the market and she needs to find new digs.

Usher has allowed Tameka to live in the home for the last few years -- but per their 2009 divorce agreement, Usher has the right to sell the pad at any time as long as he gives 60 days notice.

According to sources, Tameka didn't take the news well, seeing as she has no income of her own and has been financially dependent on Usher since the divorce.

On the flip side, we're told Usher feels he's given Tameka plenty of time to get her act together ... and enough is enough.

Usher's ex-wife Tameka Raymond just lost ANOTHER round in her custody battle with the singer ... the judge shot down her request for a retrial ... but Tameka's not giving up.

As TMZ first reported, Tameka filed docs earlier this month demanding a second bite of the apple after Usher was awarded primary custody of the couple's two kids. Tameka claimed the judge is biased because she accepted campaign donations from Usher's lawyer.

But this week, the same judge rejected Tameka's motion -- claiming it's been public knowledge since 2008 that Usher's lawyer donated to her re-election campaign ... and if Tameka cared to look, she would have found out long before her custody trial.

As far as the judge is concerned ... Tameka's just a sore loser.

Usher is firing back at his ex-wife in their bitter custody dispute -- claiming her "vile" attempts to regain custody of their children are an insult to the justice system.

As we reported, Usher emerged victorious after an arduous custody trial with his ex Tameka Raymond, in which the judge awarded Usher primary custody of the couple's two sons.

Tameka filed papers asking for a new trial -- on the grounds the judge had received campaign contributions from Usher's lawyer and was biased as a result -- but Usher says that's BS.

The singer filed his own response on Wednesday asking the court to deny Tameka's request, claiming her motion is "an assault on the integrity of the court."

According to the docs, Usher believes Tameka is delusional, claiming if she were granted a new trial, it would be grounds for a reversal of ALL trials where a lawyer had contributed to a judge’s campaign.

Usher claims the motion "constitutes a continuum of [Tameka's] vile and unsupported claims that every person who dared testify against her ... is biased and tainted."

Usher's ex-wife Tameka Raymond is making good on her promise to fight a court order stripping her of child custody of their two children.

We broke the story ... Tameka lost an arduous custody battle last week when a judge ruled in Usher's favor, awarding him primary custody of their two young boys.

Tameka vowed to appeal the decision ... by filing a motion for new trial on grounds the judge was biased in Usher's favor.

Tameka claims the judge has a strong tie to Usher's lawyer, claiming the attorney was personally responsible for nearly half of the contributions to the judge's re-election campaign in 2008. What's more ... Tameka alleges Usher's lawyer served on the judge’s re-election campaign committee.

Tameka also insists NO evidence was presented showing she couldn't take care of her kids.

Tameka also claims there was clear evidence of Usher's "past, current, and future inability" to care for the kids.

Usher's ex-wife Tameka Raymond is PISSED over her recent loss in court and believes the ruling could be the result of a biased judge ... so she's gearing up to file an appeal, TMZ has learned.

TMZ broke the story ... Tameka lost a hard-fought custody battle on Friday when a judge ruled in Usher's favor and granted primary custody of their two young children to the singer.

But sources close to Tameka tell TMZ, she feels the ruling was unfair. We're told Tameka recently found out that Usher's lawyer's law firm threw an election fundraiser back in 2008 for the judge who presided over the trial ... and she feels that connection may have influenced the ruling.

According to the campaign contribution report for Judge Lane, the law firm that represented Usher raised $1,278 for Lane in March 2008.

Sources tell us ... Tameka is baffled by the decision because she argued in court that Usher is constantly on the road, where as she has the more stable schedule ... thus it makes no sense to give him primary custody.

We're told Tameka wants to fight the decision ASAP and is interviewing lawyers for an appeal.

Usher's ex-wife Tameka Raymond just lost in the former couple's bitter custody battle -- TMZ has learned, a judge has awarded Usher primary custody of their two sons.

It's a shocking development -- considering both sides were trying to strip each other of custody. Tameka felt the singer was an absentee father who was too absorbed in his career to be a good dad. She also accused him of using drugs in front of the kids.

Usher argued Tameka was inattentive and irresponsible.

The ruling marks the end of an emotional custody trial -- involving wild accusations and name-calling ... Usher even broke down at one point on the witness stand.

But today, we're told a judge sided with the singer -- awarding Usher primary custody of the ex-couple's two sons, which means the children will be spending the majority of the time with their father.

Usher just got bitch-slapped in court -- a judge has ordered him to REOPEN his ex-wife's Saks Fifth Avenue credit card in his name ... after the singer closed the account last year.

The closed Saks card was just one of Tameka Raymond's many grievances in her ongoing custody fight against Usher -- and now, the court has taken her side ... holding the singer in contempt for pulling the plug on her fancy charge account.

Tameka claims she needs the account to do her job as a stylist.

As for the other grievances -- Tameka said Usher owed her cash for the nanny bill ... and continually failed to keep her in the loop about where and when he traveled with the kids.

The court agreed ... and awarded Tameka $1,300 for the nanny.