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

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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

Although often times parties to a divorce case will agree to hair follicle testing, the Court is not supposed to order hair follicle testing.

§ 8202. (a) Pre-employment. (b) Reasonable Suspicion: CALPIA will conduct reasonable suspicion drug testing when there is reasonable cause to suspect an employee appointed to a designated sensitive position of use of a prohibited substance or impairment due to the use of drugs, alcohol or impairing substances.

Under Family Code Section 3041.5, the court may order a party to undergo drugs/alcohol testing in a child custody matter. However, before ordering testing, the court must determine that the party being tested habitually, frequently or continually uses illegal controlled substances or abuses alcohol.

Can the California Family Court Order a Hair Follicle Drug Test? The short answer to this question is no. The courts may only order drug and alcohol testing done in the least intrusive method. Typically, this means only urine samples.

The Hair Follicle, Drug Test Privacy Act, was passed in 2006 and states that employers cannot require employees to submit to hair testing without their consent. This means an employer cannot force an employee to take a hair follicle drug test, but the employee can and may be "required" to volunteer to take the test.

As quoted in the Background section, above, California Family Code section 3041.5(a) allows a court in a child custody, visitation, or guardianship proceeding to order any person who is seeking custody or visitation to undergo drug or alcohol testing.

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