Foster had petitioned for temporary custody of their two children - after one of them was involved in a swimming pool accident.

In a court filing, Foster alleged that her ex-husband didn't personally take care of the child - or his 4-year-old brother - and that he traveled too much.

 TAMEKA FOSTER, USHER'S EX-WIFE,

"He doesn't answer the phone. He doesn't answer e-mails. He doesn't respond, so I don't know where my kids are, who they are with, who's taking care of them. I don't know if it's his mom, his aunt."

Usher disputed his ex-wife's claims.

USHER, R & B SINGER, 

"Every Sunday, I send her a weekly activities or communications email with subject titled 'weekly activities,' notifying her of any doctors' visits, anything that I planned to do with the kids, taking them to school, having over summer camp, any information that is pertinent to their activities would be."

From the bench, Judge John J. Goger issued his decision - ruling in favor of Usher - while giving him some advice.

JUDGE JOHN J. GOGER, FULTON COUNTY SUPERIOR COURT JUDGE, 

"I am denying, dismissing the motion but I will say, Mr. Raymond, in the future, you would be well advised to keep your former spouse informed about your whereabouts and who is taking care of the kids."

The former couple's child - who had to receive CPR - is recovering at an area hospital - and expected to be released in a few days.