Despite Usher‘s request to delay his custody hearing over sons Usher Raymond V, 4, and Naviyd, 3, to allow he and ex wife Tameka Foster to mourn the death of his stepson in a tragic jet skiing accident, a judge ruled that the hearing will go on as scheduled — and as Foster wished.

TMZ reports that the judge in the case ruled that the hearing would not be postponed and would go on as scheduled on Aug. 13. The case is only expected to last a few more days following the hearing.

Usher claimed in his request for postponement that the hearing would cause “unnecessary stress and strain” to himself and Foster if it were to go over so soon after the tragic death of Foster’s 11-year-old son Kile Glover. However, it was reported that Foster claimed that Usher’s distress claims were “bogus” and that he only visited Glover once during the boy’s 15-day hospital stay and even skipped out on his funeral.

Foster refuted those claims in a personal statement on Global Grind, citing the fact that often attorneys’ words are reported as direct quotes from her and Usher — and that’s not entirely accurate.

“I remain in the unfortunate position of having to respond to and attend court proceedings that were not initiated or begun by me. I did not file this custody case (January 2011) and was content with the ‘joint custody’ arrangement that we share. Most importantly, nor do I wish to appear in court while I am mourning the loss of my son. But I do not want to delay thus prolong these proceedings either; I’d rather continue this arduous process hoping it will help move me through this most difficult period in my life. People seem to be privy to only my filed responses as ‘Defendant’ to the initiation of this case (Jan 4, 2011), when I have only been defending myself and protecting the best interests of my children through my counsel. I cannot control how the media reports are written/slanted/spun or even how court documents may be manipulated in their attribution of certain statements as if they are direct “quotes” from me- yet I can control what I actually say myself.

This may sound really cliché but you must NOT believe everything you read or hear and never judge… especially without solid facts and always, but always consider the source. Discernment is key. My boys are my entire world and I will fight tooth and nail to keep all of my sons together as a family, I pray for a swift, peaceful resolution so that we all can move forward.”

Foster also thanked supporters for their prayers and kind words and thoughts following the loss of her “angel,” Kile.

Our thoughts remain with Usher, Foster and their families. We wish them a speedy resolution so that they may mourn — and Kile may rest — in peace.

Watch the Usher ‘Moving Mountains’ Video

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