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

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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

The parent have continuously neglected or failed to provide the child with necessary education or medical care for mental, emotional or physical health problems. This does not include parents who financially cannot afford treatment, but rather parents who refuse to give their child proper care.

Case law clearly establishes that compulsory drug testing, urinalysis or blood testing of public sector employees constitutes a "search" under the Fourth Amendment. 4 Thus, such testing must be reasonable.

The fourth amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particu- larly describing the place to be ...

Most courts have ruled that mandatory urinalysis, at least in the absence of probable cause or reasonable suspicion, is invalid as a violation of the Fourth Amendment.

A federal drug testing custody and control form allows you to know who handled a specimen from the point of collection in a drug test until the final result is delivered.

In most cases, courts have ruled that urine testing involves a search and seizure within the meaning of the Fourth Amendment. Nevertheless, courts have generally held that individualized reasonable suspicion rather than probable cause is necessary to conduct a search.

The chain of custody documentation process provides: Clear and unique identification of the subject being tested. Clear and unique labeling of the specimen. Identification of all persons who handle the specimen ? legible signature required.

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.

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