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North Carolina 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

After the forms are filled out and notarized, you must make 2 COPIES (one for yourself, one for the other party and the original for the file). 4. There is a not a filing fee to file a motion for modification.

Some workplaces may cut the hair themselves and send it in to a laboratory using a kit. Additionally, hair testing kits can be purchased online for at-home use. If a clean drug screen is required for hire, or your employer has mandated that you have a test, you will likely have to have it done in a supervised facility.

The motion will require specific information such as names and addresses of both parties, date in which the current order went into effect, the reason for your change request, proposed changes and the names and birth dates of the children affected in addition to other, statutorily required information.

But what does a ?substantial change in circumstances? even mean? Well, this means you need to show that the current custody situation has changed so drastically since the first custody order that the first order must be modified.

Upon the motion of the court or either party, the judge can enter an order requiring one or both parties to go to a specific laboratory or testing facility by a certain date and submit to drug testing by providing a sample of their urine, hair, blood, sweat, or saliva.

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.

In many cases a Judge will ask the parties if they would be willing to take a hair follicle test, and if they or their attorney agrees then the Court will order the test. Under Family Code Section 3041.5 A positive test alone shall not be basis for an adverse custody determination.

Under North Carolina law, employers may require a urine, blood, hair, or oral fluid drug test. The employer must provide written notice to the employee or the applicant of their rights prior to the examination. The sample must be tested by approved laboratory.

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