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.
Missouri Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award Keywords: Missouri, motion, require drug testing, parent, proceeding, modify child custody award Description: A Missouri Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal document that can be filed in a family court to request mandatory drug testing for a parent involved in a child custody case. This motion is typically filed when one parent believes that the other parent's drug use may have a harmful impact on the child's well-being and wishes to present evidence of substance abuse to the court. There are different types of Missouri Motions to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award: 1. Preemptive Motion: This is filed by a concerned parent who suspects the other parent is using drugs but does not have concrete evidence. The motion seeks court order for drug testing as a precautionary measure to protect the child's best interests. 2. Retaliatory Motion: This motion is filed in response to a false accusation made against a parent. If a parent believes that the drug abuse allegations are baseless and made solely to gain an advantage in the custody case, they can file this motion requesting the court to order drug testing for both parties involved. 3. Post-Award Modification Motion: This motion is filed after a child custody award has already been issued. If a parent becomes aware of the other parent's substance abuse after the initial custody determination, they can file this motion to request modification of the existing custody arrangement based on the new evidence. 4. Emergency Motion: Sometimes, circumstances arise where immediate action is required to protect the child's safety. In such cases, an emergency motion may be filed to request drug testing of a parent without waiting for the usual legal process. This motion is typically used in situations involving severe drug abuse and imminent danger to the child. Regardless of the type of motion filed, it is crucial to provide compelling evidence supporting the need for drug testing. This may include witness testimony, documented incidents of drug use or possession, behavior changes, or any other relevant information that suggests the parent's substance abuse poses a risk to the child's well-being. It's important to note that the court will consider the best interests of the child when deciding whether to grant the motion for drug testing. The results of the drug test will be taken into account during the custody determination process, alongside other factors such as the parent's ability to provide a safe and stable environment for the child. If a Missouri Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is successful, the court may order the parent to undergo drug testing at their own expense. The results of the test can contribute significantly to the court's decision-making process and may have a substantial impact on the outcome of the custody case.
