Michigan 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

Whether the other parent agrees or not, you will need to file a motion to ask the judge to change the custody order in your family law case. You are called the moving party if you file a motion, and the other parent is the Respondent.

Family instability refers to changes in parents' residential and romantic partnerships, such as marriage, divorce, and romantic partners moving in or out of the home.

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.

What determines an unfit parent in Michigan? An unfit parent is someone who is unable to adequately care for the child or, any parent who could harm the child. The court considers several factors when making this determination.

Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.

There is no standard definition for housing instability, but it generally encompasses issues such as ?having trouble paying rent, overcrowding, moving frequently, staying with relatives or spending the bulk of household income on housing,? ing to the Office of Disease Prevention and Health Promotion.

In order to change custody in Michigan one must first show proper cause or a change of circumstances, then if the court agrees that there is proper cause or a change of circumstances, the court must evaluate the statutory best interest factors to determine if it should change custody.

When Can a Child Refuse Visitation in Michigan? Until children turn 18 or become legally emancipated, they don't have the right to refuse visitation that's required under a court's custody order.

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