updated 08/09/2013 AT 2:25 PM ET
•originally published 08/09/2013 AT 5:00 PM ET
After an afternoon of emotional testimony, a judge dismissed the case, leaving the singer with primary custody of the children.
During the hours-long hearing, both Foster and Usher – along with his aunt, Rena Oden – took the stand to discuss the children and each Foster and Usher’s parenting.
As expected, their versions of the saga differed: Foster claimed Usher is unresponsive to her, leaves their sons in the care of unfit supervision and is an absentee father. The singer said her claims are false, that the children are well taken care of and that he has not barred her from their lives.
After the case was dismissed, the singer hugged Foster and whispered “I’m sorry” several times in her ear before turning his attention to his aunt, who he kissed and hugged in celebration of the verdict.
Foster requested the emergency hearing on Tuesday following the near-drowning of their eldest son at the singer’s home. Cinco, as the child is known, remains in recovery at a local hospital and is expected to be released on Sunday, according to the singer’s lawyer.
“My favorite 5-year-old. What a blessing!” Foster tweeted on Thursday, along with a photo of herself cradling the little boy. “I have always loved and appreciated my sons but tragedies and close calls make this even more evident.”
“I would like to thank my Aunt Rena as well as the doctors and nurses who are working with us around the clock. I would especially like to thank the two men who saved my son’s life, Eugene Stachurski and Ben Crews,” the singer said in a statement on Wednesday. “They are true heroes and I am deeply grateful to them.”
“I am blessed and fortunate to say that my son Usher V is doing well and is recovering,” the statement read. “I am overwhelmed by the outpouring of prayers, love and support for my family’s well-being.”