Massachusetts 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

When making a custody decision, the judge will take only one principle into consideration: your child's best interests. The interests of each child vary, depending on a number of factors, including: The child's age. The child's relationship with his or her parents.

In Massachusetts, a parent can be deemed unfit if they have a history of abuse or neglect towards their child. This can result from physical, emotional, or sexual abuse and neglectful behaviors such as failing to provide for the child's basic needs.

Relationship between the children and each parent. relationship between the children and other family members. keeping stability in children's lives. children's physical and mental health.

Duties for parents and others Duties for parents and others. There are five duties for parties under the Divorce Act. ... 2) Protecting children from conflict. 3) Using a family dispute resolution process. 4) Providing complete, accurate and up-to-date information. 5) Complying with orders. Certification. Duties for legal advisers.

Convention on the Rights of the Child states that the best interests of the child shall be a primary consideration in all actions concerning children. This means that judges can decide who the children will live with and who will make important decisions about the children's health, education and so on.

Best interests of the child must be determined on a case-by-case basis considering the child's personal context, situation and needs.

While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.

Such records may include documentation of court-mandated treatment programs, DUI arrests, or medical records that involve the excessive use of alcohol. If such documentation exists and is easily accessible, the accused parent may even admit to using alcohol in an abusive way, further corroborating a claim.

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