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.