Arizona 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

How to fill out Motion To Require Drug Testing Of Parent In A Proceeding To Modify Child Custody Award?

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FAQ

This means that the court orders one parent to have the legal right and responsibility to make major decisions regarding the care or welfare of the child.

To get the ball rolling, a party must file a motion with the court, requesting a drug test. The motion should present credible evidence supporting the need for drug testing. The court, in turn, will evaluate the evidence and determine whether to grant the request for drug testing.

A positive drug test result does not necessarily mean that a parent will lose custody of their child(ren). However, the result of the drug test, along with any other relevant expert reports, will be considered when the court is making a decision regarding custody and contact orders.

Drawbacks of sole legal custody For the parent excluded from major decision-making, resentment may build up. Over time, the children may view him or her as less important than the other parent because of the limited involvement in their lives. This can be a source of conflict within the family.

If you have sole custody of a child, then you are the only parent with authority to make decisions about the child's health care, education, and general welfare (such as the child's religious upbringing). You may have an informal agreement to discuss these decisions with the other parent.

Sole decision-making is usually reserved for cases involving domestic violence between the parties or substance abuse by a parent. Though less common, a parent also may be awarded sole legal decision-making if the other parent historically has been unable to effectively or timely communicate.

Commonly referred to as ?sole custody,? sole legal decision-making gives one parent exclusive authority to make all legal decisions for his or her children. Sole decision-making is usually reserved for cases involving domestic violence between the parties or substance abuse by a parent.

To modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may ...

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