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

Category:
Family Law - Child Custody and Visitation
State:
Multi-State
Control #:
US-01219BG
Format:
Word; 
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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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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 California Family Code is clear on what a judge may order and how the testing may be completed; and hair follicle testing is not an option. However, hair follicle testing can be ordered when the parents agree to submit to the testing.

The short answer is no. A hair test can show excess levels of alcohol but not how or when it was consumed. A hair alcohol test should be combined with blood alcohol tests and medical interpretation to get the full picture. A binge drinker might have significant periods of abstinence in between.

Some of the most common factors known to affect hair drug test results include: Hair treatments. Bleaching, dyeing, perming, and straightening can all impact a hair drug test result. ... Hair colour. ... Hair growth rate and length of hair available. ... Environmental factors. ... Cheating.

An established testing option Like hair, fingernails are made of keratin. They provide stable samples that are simple to both collect and transport. Offering a longer window of detection, a fingernail test provides a 3-6 month history of drug and/or alcohol abuse.

In theory, hair drug tests can be attempted to be cheated or manipulated, but it's not easy to do so effectively. Hair drug testing is considered tamper-resistant, which means that it is difficult to manipulate the results of the test.

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.

The Hair Follicle, Drug Test Privacy Act, was passed in 2006 and states that employers cannot require employees to submit to hair testing without their consent. This means an employer cannot force an employee to take a hair follicle drug test, but the employee can and may be "required" to volunteer to take the test.

Individuals on probation are often subject to urine drug testing, even if not convicted of a drug-related offense. Court-ordered urine drug tests typically screen for amphetamines, barbiturates, benzodiazepines, cocaine, marijuana, PCP, and opioids.

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