Tameka Foster’s Lawyer Speaks on Usher Child Custody Case

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Usher and Tameka Foster (WireImage)

On Friday, Usher's ex-wife Tameka Foster will head to court to ask for custody back of the two children she shares with the R&B singer. "omg! Insider" sat down on Thursday with Foster's lawyer, Angela Kinley, to discuss the issues at stake.

Follwing is the Q&A with Ms. Kinley:

"Omg! Insider": What is Tameka asking for tomorrow?

Angela Kinley (AK): Ms. Raymond is asking for the court to grant her temporary primary custody of the children on an emergency basis. A lot of people aren't aware that there is a modification custody that was filed May 29 in a separate superior action, and this is just really addressing the issue on a temporary basis until we can have that whole case heard.

"Omg! Insider": Are the grounds similar to the grounds made on May 29?

AK: They are. This obviously is just a supporting factor in the allegations that she already made about the supervision in the household. The issue really is just that Mr. Raymond isn't parenting himself. He is allowing other parties to parent on his behalf while he is out of town. Although we certainly understand he has work related commitments — and we encourage those — we would like the children to be with Ms. Raymond rather than a third party.

"Omg! Insider": So, when he is out of town, you are telling me that Ms. Raymond isn't even able to get access to or parent her children when he is traveling?

AK: That is correct. If it is not in the court order, he does not allow the children to be with her.

"Omg! Insider": And what is the danger, do you think, that Ms. Raymond is claiming in allowing third parties to watch her children?

AK: First of all, we don't know who the third parties are. We do not know what their qualifications are, we don't know what their driving history is, we don't know anything. If they are providing transportation for the children, to schools or to other activities, we would obviously like to know who they are. If it's family members it's an issue of Ms. Raymond having history with those family members — either not getting along with her or having prior situations where stalkers were let in the house, things like that. It is just really an issue of Ms. Raymond preferring for either Mr. Raymond or herself to parent the children.

"Omg! Insider": Is she asking for any financial compensation as well?

AK: She is not. Nowhere in the papers has she sought any sort of child support. There is obviously an action for attorney fees. It is a standard request in any motion. But as far as child support, that has nothing, it is not even an issue in the court at this time.

"Omg! Insider": So, some people are making accusations that she is just looking for more money. What do you make of that?

AK: I just think that it is drama. There are things in the media that create a good story but, honestly this has nothing to do with any financial support. This has everything to do with the health and well being of the children, and Ms. Raymond's desire to be a part of the decisions that effect her children's well being.

"Omg! Insider": And how is little Usher doing?

AK: Little Usher is doing really well. I talked to Ms. Raymond this morning and he is up, he is alert. He is interacting with her. He is still at the hospital and she is there with him. He is definitely doing well so we are really glad to see the improvements of his health.

"Omg! Insider": Do you know when he will be released?

AK: I do not.

"Omg! Insider": Why would you say Tameka is a better parent than Usher?

AK: That is not what is being said. Tameka is not pointing any fingers at Usher, she is not assigning any blame in this situation. It is an issue of the children being able to be with Ms. Raymond rather than third parties. It is not about whether or not Mr. Raymond should be with the children … we encourage that relationship. Ms. Raymond strongly believes that Mr. Raymond loves the children and she encourages a healthy relationship between them. She is thrilled with the time they do spend together. The problem is the time the children are spending with third parties and not with Mr. Raymond.

"Omg! Insider": So, you're saying that she doesn't necessarily believe that she's better suited than Usher to parent the children?

AK: Based on the time she has available to parent them versus the time that he has for work-related commitments and personal appearances, she would be a more hands-on parent.

"Omg! Insider": If she could talk to Usher, what would she say?

AK: I think that she would tell Usher that she really hopes that they can work together so that they can have a healthy and harmonious relationship. She wants to raise the children in a healthy environment and work with him so that they can have the best life possible.

"Omg! Insider": Does this incident – this near drowning — does this underscore … or is it just an example of the larger problem would you say? And talk to me about how this drowning is maybe a symptom or result of the larger problem.

AK: The larger problem of course is Mr. Raymond not being in town. And again it's just related to his work-related appearances, his personal appearances that he has to make for his job. But the (near) drowning is just one incident. That is not what this case is based on. Like I said, this case was filed in May of 2013, long before this incident ever happened.

"Omg! Insider": Have you ever heard of a case where third parties are allowed to parent a child; third parties who've never been interviewed by a judge, have never been cleared by a judge? Have you ever seen a case like that?

AK: Where they're allowed to parent?

"Omg! Insider": Where they're allowed to be the third-party caretakers of a child over a parent.

AK: I don't know that I could comment on that, it would probably be speculative.

"Omg! Insider": Do you find it strange or unusual or problematic that these third parties who the court has never met would do more parenting than the actual parent who's available?

AK: Yes, that's why she filed the motion.

"Omg! Insider": Okay, anything else you think is important to get across?

AK: What we really want to stress is that she's not assigning blame to anyone for this situation. That this situation did not perpetuate the filing of the action, there is a petition, as I stated, and that's been filed previously. This just really solidifies some of the concerns that she already had and it forced her in getting the court's attention. We already had a hearing scheduled on August 27 in the other case. And up until this time, she was trying to continuously work with Mr. Raymond to achieve a result that they just haven't been able to achieve without court intervention so this is really a last ditch effort.

"Omg! Insider": Who will you be calling to the stand tomorrow?

AK: We're not sure yet.

"Omg! Insider": Will you be calling the people who revived Usher?

AK: I don't believe so. I don't believe so. I can't really comment on trial strategy but I don't believe that they're — that we'd serve them with anything.

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