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.
Colorado Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award In the state of Colorado, a Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal action initiated by a concerned parent seeking to ensure the safety and well-being of their children in cases where substance abuse may be a factor. This motion aims to request the court to order drug testing for the other parent involved in a child custody dispute or modification proceeding. When filing a Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award, it is essential to provide substantial evidence or reasonable grounds indicating that substance abuse may pose a risk to the child's welfare or has a direct impact on the other parent's ability to care for the child adequately. This evidence can include witness statements, police reports, documented history of substance abuse, or any other pertinent information. If the court finds sufficient merit in the motion, various types of drug testing may be ordered based on the circumstances and the best interest of the child. These tests can include: 1. Urine Drug Test: This is the most common type of drug screening and can detect a wide range of substances such as marijuana, cocaine, opioids, amphetamines, and more. It is a non-invasive and relatively inexpensive test that provides accurate results. 2. Hair Follicle Drug Test: This test involves collecting hair samples from the parent, which can provide a historical drug use pattern spanning several months. Hair follicle tests are often used when a longer detection window is required or when the parent's recent substance abuse may not be adequately captured through urine testing. 3. Blood Drug Test: Blood tests can detect the presence of drugs and alcohol in the parent's system at the time of the test. While blood tests provide accurate results, they are typically reserved for situations where recent substance use needs to be confirmed or if there are concerns about impairment. 4. Breathalyzer Test: Breathalyzer tests are primarily used for detecting alcohol consumption rather than drug use. If there are concerns regarding the parent's ability to abstain from alcohol during custody time, a breathalyzer test may be ordered. Once the drug testing is completed, the results will be submitted to the court. These test results can significantly impact the overall child custody determination. If the test reveals substance abuse, the court may consider various options, such as supervised visitation, counseling, rehabilitation programs, or even restricting the parent's custody rights to ensure the child's safety and well-being. In conclusion, a Colorado Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a critical legal tool available to concerned parents. By providing substantial evidence and requesting appropriate drug testing methods, this motion plays a crucial role in protecting children from the potential dangers posed by a parent struggling with substance abuse issues.
