Can I get full child custody if my husband is negligent? 13 Answers as of November 10, 2011

Excessive school absence and tardiness could be a basis for a change in residential custody.

Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.

In Oregon, the laws to change custody are: As the moving party, mother has the burden to show that there has been a substantial change of circumstance since the time of the original award of custody. Mother must prove that the changed condition relates to her or father's capacity to properly care for the child. To qualify as a change of circumstances for custody modification purposes, events must be unanticipated and must have arisen since the last order. Once the moving party demonstrates a substantial change of circumstances, then court engages in the second step of the analysiswhether the modification is in the child's best interests. In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. ORS 137(2) provides, in part: "[I]f a parent has committed abuse, as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse."