Usher Raymond V, the singer's oldest son with his ex-wife Tameka Foster, "is going to be just fine," a source close to The Voice coach tells PEOPLE. "Doctors were taking every precaution to make sure Cinco was okay, but the danger looks like it has passed."
Days after the incident, the 5-year-old was sitting up, smiling, laughing and eating in his hospital bed after nearly drowning when his arm got stuck in a pool drain as he attempted to retrieve a toy.
The 34-year-old singer wasn't home at the time, but he rushed to his son's side following the incident on Aug. 5, as did the boy's mother. Usher won primary custody of his two children after a bitter custody battle last year. In the wake of her son's accident, Foster requested an emergency hearing to regain primary custody of Cinco and his brother Naviyd, 4.
"This was the last straw for Tameka," the source tells PEOPLE. "She's going to make sure that it doesn't happen again."
But after an afternoon of emotional testimony during the Aug. 9 hearing, a judge dismissed the case, leaving the singer with primary custody of the children. They are set to be back in court on Aug. 27 for a previously scheduled hearing.
Repost:"To my children.. If I had to choose between loving you & breathing..I would use my last breath to tell you I love you!" (Love this!)— Tameka J Raymond (@TamekaRaymond) August 13, 2013
With reporting by STEVE HELLING