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Judge rules that Usher may retain custody of children

Maryland residents may have heard that Usher's ex-wife took the music mogul back to court at the beginning of August to seek an emergency modification to their child custody order. The woman claimed that Usher does not keep her informed of who is watching their children or what has happened with them. The request was filed after the couple's 5-year-old son suffered an accident at a swimming pool. He was being watched by an aunt at the time.

At the hearing over the child custody modification, Usher testified that he sends the mother an email each week informing her of the boys' schedules. When he travels with the children, he includes hotel and fictitious name information. He waited one hour to tell her about the accident because he was tending to the emergency situation.

The judge found that the accident was not sufficient to show that Usher was not fit to continue caring for the children. He pointed out that it is quite common for a person to leave a child in the care of a relative such as a grandparent or aunt and said that he did not feel the mother's requirements for a caregiver were reasonable. She did not prove that any other person in that situation could have prevented the accident.

The law provides that either parent may request a change to a child custody order when circumstances differ. The judge will then determine what parenting arrangement would be in the best interests of the children. A family law attorney may be able to assist with negotiating a change without going back to court. If the other parent is not amenable to negotiation, an attorney may be able to go to court to request the change.

Source: CNN, "Judge rules in Usher's favor, dismisses ex-wife's motion in son's near-drowning", Michael Martinez. Alan Duke and Rich Phillips, August 09, 2013

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