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.
New Hampshire Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal process designed to ensure the safety and well-being of a child during a custody modification case. This motion can be filed by either parent or a concerned party seeking to establish or modify a child custody agreement. The purpose of this motion is to request the court to order drug testing of a parent involved in the case to determine their fitness for custody and safeguard the child's best interests. In New Hampshire, there are different types of motions to require drug testing of a parent in a proceeding to modify child custody award, namely: 1. Random Drug Testing Motion: This motion requests that the court orders random drug testing of a parent involved in a child custody modification proceeding. The objective is to ensure the ongoing sobriety and stability of the parent, eliminating potential risks to the child's safety. 2. Suspicion-based Drug Testing Motion: This motion seeks to obtain a court order for drug testing of a parent when there is reasonable suspicion or evidence of substance abuse. The concerned party must present compelling evidence suggesting the parent's drug abuse, such as witness testimonies, photographs, or medical records indicating drug dependency. 3. Post-Conviction Drug Testing Motion: If a parent has a history of substance abuse or has been convicted of a drug-related offense, this motion can be filed to request that the court orders drug testing to assess whether the parent remains drug-free and fit for custody. 4. Preemptive Drug Testing Motion: This motion is often filed when there are concerns or credible information indicating a parent may be involved in substance abuse that could potentially endanger the child's well-being. The purpose is to proactively establish a drug testing requirement to ensure the child's safety and advocate for their best interests. It is crucial to note that filing a New Hampshire Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award requires substantial evidence demonstrating the need for such testing. The court will consider factors such as the child's age, the parent's past behavior, credible witness testimonies, medical records, and any other relevant evidence presented. By filing this motion, the concerned party seeks to protect the child's physical, emotional, and psychological well-being by ensuring a drug-free environment and promoting a stable and secure living situation. Ultimately, the court's decision regarding drug testing shall be based on what it deems to be in the child's best interests, prioritizing their safety and welfare above all else.
