ATLANTA (AP) — A judge in Atlanta is set to hear arguments in a child custody battle between R&B singer Usher and his ex-wife.

Tameka Foster Raymond requested the hearing earlier this week after the former couple’s son got caught in a pool drain while in the care of the Grammy winner’s aunt. Fulton County Superior Court Judge John Goger set the hearing for Friday afternoon.

Raymond’s court filing says the 5-year-old boy "suffered a near-death accident" while left unsupervised at Usher’s home on Monday. She’s seeking temporary primary custody of the former couple’s two children.

Usher and Tameka Raymond married in 2007 and divorced two years later. They went through a lengthy child custody battle, and Usher was awarded primary custody of the boys last year.