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.
Kansas Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award Keywords: Kansas, motion, require drug testing, parent, proceeding, modify child custody award Description: A Kansas Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal document filed by one parent during a child custody case to request drug testing for the other parent. This motion applies when there is an existing child custody award, and one parent believes that the other parent's drug use or abuse poses a potential risk to the child's well-being. Types of Kansas Motions to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award: 1. Motion based on reasonable suspicion: This type of motion is filed when one parent has reasonable suspicion or credible evidence to believe that the other parent is using drugs or involved in substance abuse. The motion provides specific details and evidence to support the claims, such as witness statements, police reports, or prior incidents. 2. Motion based on prior drug-related issues: If one parent has a history of drug-related problems or convictions, the other parent may file a motion to require drug testing as a precautionary measure to ensure the child's safety. This type of motion relies on past incidents and legal records to highlight the potential risk involved. 3. Motion based on change in circumstances: A parent may file this motion if there has been a significant change in circumstances regarding the other parent's drug use since the previous custody decision. If newfound evidence suggests that the other parent is abusing drugs or poses a potential danger to the child, this motion can be used to request drug testing. 4. Emergency motion: In urgent situations where immediate action is necessary to protect the child's well-being, an emergency motion can be filed. This type of motion typically includes allegations of imminent harm or fear for the child's safety due to the other parent's drug use. The court may expedite the drug testing process to address the immediate concerns. In conclusion, a Kansas Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal tool to ensure the well-being of a child in cases where drug use or abuse is suspected. Different types of motions can be filed depending on the specific circumstances and evidence available to support the request for drug testing.
