Georgia 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

If you and your ex can agree to the custody modification, you may not need to go to court to attend a hearing. However, the courts must approve any changes you make so that they're legally binding and enforceable.

Georgia.gov states that a custody order can only change if the circumstances of the family change. You can have a review of the custody order done every two years in family court. The judge determines visitation and custodial rights during the initial proceedings, which can occur during your divorce proceedings.

Under Georgia law, a parent may request a modification of a visitation order once every two years without having to prove that there's been a change of circumstances. But the parent still must prove that the requested change in parenting time would be in the child's best interest. (Ga. Code § 19-9-3(b) (2023).)

Although often times parties to a divorce case will agree to hair follicle testing, the Court is not supposed to order hair follicle testing. Family Code section 3041.5 is the direct authority for a court's ability to order drug testing.

Establishment and Review of Child Custody and Visitation. In all cases in which the custody of any child is at issue between the parents, there shall be no prima-facie right to the custody of the child in the father or mother.

Either parent can ask for modification of child custody whenever there has been a material change in family circumstances ? there's no waiting period or time limit. However, a parent can only request visitation or parenting time changes once every two years after the initial custody agreement.

Either parent may seek a change in custody or visitation in Georgia by filing a motion (written legal request) with the court. It's then up to the judge to decide whether to grant the request.

If life circumstances change and the custody order needs to be modified, one party can file a petition to modify custody. To modify custody, they must prove that there has been a material change in circumstances that will impact the child's well-being.

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