Alabama Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award

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Multi-State
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US-01219BG
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Description

Rule 35 (a)(1) of the Federal Rules of Civil Procedure provides in part: "The court where the action is pending may order a party whose mental or physical condition - including blood group - is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner." Most states have adopted these Procedural Rules in one form or the other.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award
  • Preview Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award
  • Preview Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award
  • Preview Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award

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FAQ

The McLendon standard is a "rule of repose," meant to minimize disruptive changes of custody because this Court presumes that stability is inherently more beneficial to a child than disruption. Ex parte McLendon, 455 So.

What are the Valid Reasons to Modify a Child Support Order in Alabama? Both parties agree to change the child support terms. One party presents evidence to the court that the original guidelines are unjust or inequitable. Shared physical custody or visitation rights have increased for the payor of child support.

(1) The agreement or lack of agreement of the parents on joint custody. (2) The past and present ability of the parents to cooperate with each other and make decisions jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.

There is no specific age when Alabama courts must consider a child's opinion.

Common Reasons for Modification of Custody A parent believes the child is neglected in the other parent's custody. The child's needs and/or preferences have changed. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent's home.

A parent is considered unfit when they fail to provide proper guidance, support, or care to their child. They can also be deemed unfit if there is a history of abuse, neglect, substance abuse issues, or mental illness that could endanger the child.

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Alabama Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award