Published Saturday, 01 September 2012
Foster, who divorced Usher in 2009 after two years of marriage, was stripped of custody of four-year-old Usher and three-year-old Naviyd, but she is appealing against the decision by filing a motion for a new trial.
According to legal documents obtained TMZ.com, Foster alleges the judge was biased in the singer's favour because of a personal link to his lawyer.
She also argues that her attorneys made a strong case against Usher's "past, current, and future inability" as a father, while there was no evidence given that she could not take care of their kids.
It has been a difficult year for Foster, whose 11-year-old son Kile died in July weeks after he was declared brain dead following a jet-ski accident.