Yesterday, an Atlanta judge dismissed the custody case between Usher and his ex-wife, Tameka Raymond. Usher will maintain primary custody over the couple’s two boys, Usher V, 5, and Naviyd Ely, 4.

According to ABC, both parties including Usher’s aunt, Rena Oden, took the stand in a lengthy hearing. Raymond’s lawyers argued that Usher is an unfit parent who neglects to share his travel schedule with his ex-wife, which makes her uneasy about who may be watching over their kids. The judge suggested Usher keep Raymond advised of his schedule and who will be supervising in his absence.

Immediately following the ruling, Usher went to hug Raymond and whispered “I’m sorry,” reports People. Raymond reluctantly embraced Usher.

Raymond renewed the custody battle this week after Usher V’s near-drowning accident at Usher’s home on Monday. The child’s hand got caught in a pool drain. Two workers on site were able to free the boy and he was immediately taken to the hospital where he remains. He’s improving and recovering just fine, according to both parents.

In a post courtroom interview with HLN, Raymond says the custody battle isn’t over. She plans to bring it back up to the courts before the end of the month. “I just want to get to where my son is,” said Raymond. “I’ll be back on court on the 27th. And we’ll revisit all of this. It was only a very small amount of evidence that was allowed because this was an emergency and we were trying to get something changed immediately. But for the long term, I’ll see on the 27th.”