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 Mexico Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award Keywords: New Mexico, motion, drug testing, parent, proceeding, modify child custody award Description: A New Mexico Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal document filed by one parent in a child custody case in New Mexico. This motion requests that the court orders drug testing for the other parent involved in the custody dispute. In cases where there is concern about a parent's drug use, especially if it poses a risk to the well-being and safety of the child, this motion can be filed to protect the best interests of the child. The requesting parent must provide valid reasons and evidence to support their request, such as documented instances of drug abuse or witnessed behavior that indicates substance abuse. Different types of New Mexico Motions to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award could include: 1. Random Drug Testing Motion: This motion requests the court to order random and periodic drug testing of the parent involved in the child custody dispute. The purpose is to ensure ongoing sobriety and to protect the child from potential harm caused by substance abuse. 2. Reasonable Suspicion Drug Testing Motion: This type of motion asks the court to order drug testing if there is reasonable suspicion or evidence indicating that the parent may be currently using drugs. It may be based on observations, reports, or other forms of evidence that raise concerns about the parent's ability to safely care for the child due to substance abuse. 3. Post-Rehabilitation Drug Testing Motion: In cases where a parent has previously struggled with substance abuse but has completed a rehabilitation program, this motion can be filed to request ongoing drug testing to ensure the parent's continued sobriety and to safeguard the child's well-being. When filing a New Mexico Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award, it is essential to consult with a family law attorney familiar with the specific laws and regulations of the state. The attorney can help gather appropriate evidence, draft the motion, and guide the parent through the legal process to increase the chances of a favorable outcome in the child custody modification proceedings.
