Usher’s 5 year old son almost drowned while in the care of Usher’s Aunt according to the August 26, 2013 edition of US Weekly. The child’s mother used the near death experience of her son as grounds to seek a change in custody. The Judge decided that Usher could retain primary custody of his two sons. Is a custodial parent to blame for the negligent behavior of a baby sitter or nanny? In Louisiana, seeking a change in custody based on the acts or omissions of a caregiver will often require evidence that the custodial parent knew or should have known of the caregiver’s lack of qualifications or carelessness. If you want to use a babysitter’s neglect as grounds to modify custody, consult with an attorney about whether that can be imputed to the custodial parent.