Tameka Foster, ex-wife of pop star Usher, is seeking full custody of the couple’s two children, citing one of the children’s near death as proof of their father’s incompetence as a parent.

Raymond V, the couple’s five-year-old son, nearly drowned in a swimming pool accident and has been in an Atlanta intensive care unit since. Foster said in court that the boy “is doing much better”.

Foster’s bid for the children comes only months after Usher was granted primary custody. In that court battle Foster claimed that Usher was an absentee father, citing his celebrity lifestyle as the main reason.

Foster’s new case includes her claims that the singer “continues to excessively travel, utilizes third-party caregivers to supervise the minor children rather than personally exercising parenting time and providing supervision for the minor children.” Foster also claims that he is away from Atlanta “in excess of 85% of each month.”

Foster also added that her former husband is “not capable of providing daily caregiving and supervision for the minor children of the parties as petitioner is preparing to film a movie in Panama and has ongoing commitments that require his presence in Los Angeles, New York and various other cities for the Voice and his upcoming album.”

Foster’s concern for her children’s welfare is understandable in the wake of the death of her son (Usher’s stepson) in a watercraft accident last year. If her allegations are found to be true then the pop star could be forced to relinquish custody.