usher's pool on monday. and we're seeing him here first time since the accident. and we have a picture for you. it's an instagram photo. looking at usher entering the court, fulton county superior court. here's the instagram photo. this is the photo his mother tameka foster raymond posted on instagram. foster raymond says usher has wrongfully shut her out of parenting. she says usher is always gone, out of town, leaving her sons in the hands of third party care givers. she says she's done with that. she's had it. defense attorney tanya miller and former prosecutor monica lindstrom, ladies, let's begin with who has the burden of proof here? who needs to prove he or she is the better parent for the boys? >> well, essentially, brooke, what's going on is the judge is going to look at what is the best interest of the child. it's not so much who has the burden. but now that she's brought up the issues, it needs to come to the court. and the court decides, what is