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

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Multi-State
Control #:
US-01219BG
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240 downloads

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

There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.

Oregon law presumes that a child's parents will act in the child's best interests. A grandparent seeking visitation must prove to the court that the grandchild's emotional and physical needs aren't being met by the parents and grandparent visitation would help meet those needs.

Both parents can agree or either parent can file a motion to modify. For one parent to change custody or support he or she must show that there has been a substantial change of circumstances since the last custody or support order. The change in custody or parenting time must also be in the best interest of the child.

There are two common types of custody in Oregon: joint custody and sole custody. The type of custody parents have determines who will have final authority to make major decisions. Major decisions include, but are not limited to the child's religion, education, health care, and where the child lives.

I agree with the previous answers: There is no such law. Children do not have the right, technically, to categorically refuse visitation. However, parents also shouldn't resort to harming the children to compel visitation, either, and that gives the child a certain measure of power, if she can hold her ground.

It is a common misconception that there is a ?magic age? when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.

Oregon law list factors to determine if a parent is unfit, such as abusive, cruel or sexual conduct toward any child; addiction or habitual use of narcotics, alcohol or controlled substances; physical neglect of the child; or mental health condition that renders parent incapable of proper care to the child.

A modification case is started by filing a motion and affidavit citing the facts you claim are a substantial change in circumstances. You are required to sign the affidavit under oath. The former spouse or other parent is not required to file any response to the motion.

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