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New Jersey 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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FAQ

Because frequently switching homes can be unsettling, especially for very young children, New Jersey doesn't require that children split their time equally or 50/50 between parents. Instead, the court will make a custody decision that is in the child's best interests.

If both parents are amicable and can demonstrate to the court that they are capable of maintaining a healthy form of cooperation, 50/50 custody can be allowed. However, this is not usually the case due to the nature of joint physical custody and how it affects the child.

To determine what is in the child's best interests, New Jersey family courts consider several factors, including: Needs of the child. Safety of the child. Stability of the proposed home environment. Parents' ability to communicate and work together with each other. Parents' jobs and employment responsibilities.

An officer shall be ordered to submit to a drug test based on reasonable suspicion only with the approval of the county prosecutor or the chief executive officer of the officer's agency.

In New Jersey, unmarried mothers are given legal and physical custody of their children as a baseline. If the father takes no legal action, mothers are within their legal rights to retain full child custody and will therefore also be ineligible to receive any form of child support.

Such records may include documentation of court-mandated treatment programs, DUI arrests, or medical records that involve the excessive use of alcohol. If such documentation exists and is easily accessible, the accused parent may even admit to using alcohol in an abusive way, further corroborating a claim.

New Jersey courts consider a number of factors when determining child custody orders, but primarily consider the best interests of the child. If the parents are seeking joint custody, the court will examine their ability to agree, communicate, and cooperate with regard to the child.

In NJ, the parent who spends less time with the child pays support. In addition, if parents share custody 50/50, the higher-earning parent pays. The amount of time spent with each parent and the incomes of both parents will typically affect the calculation.

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