Delaware 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

The child only gets to choose once he turns 18. Before then, the court's order determines placement, custody, and visitation based on the child's best interests. One of the factors the court can consider is the child's wishes, but that is just one factor among...

In Delaware there are two main classes of custody: legal custody and physical custody. With each type, parents may share joint custody, or one parent may have sole custody.

A first right of refusal clause that provides the other parent with the opportunity to have additional parenting time in the event a baby sitter or other care giver is needed for a designated amount of time.

Primary tabs. Custodial interference refers to a parent breaking court determined custodial instructions. This can be as major as taking a child from the sole custodian or as minimal as calling a child more than directed.

The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.

§ 785. Interference with custody; class G felony; class A misdemeanor. (2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

§ 118.15 Penalty for interference or obstruction. Any person violating the provisions of § 118.10 of this chapter shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding $500 for each offense.

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

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