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.
Rhode Island Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award In a child custody modification proceeding in Rhode Island, a parent may file a motion to require drug testing if they have concerns about the other parent's substance abuse issues. The purpose of this motion is to ensure the child's safety and wellbeing. Types of Rhode Island Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award: 1. Temporary Drug Testing Motion: This type of motion requests the court to order immediate drug testing of the parent in question during the pendency of the custody modification case. It seeks to protect the child's best interests temporarily until a final decision is made. 2. Comprehensive Substance Abuse Assessment Motion: This motion aims to request a comprehensive substance abuse assessment for the parent. It asks the court to order an evaluation conducted by a qualified professional or agency to determine whether the parent has substance abuse issues and to assess the impact of such issues on the child's safety and wellbeing. 3. Random Drug Testing Motion: If there are concerns about ongoing substance abuse, this motion requests the court to order random drug testing of the parent. The goal is to ensure that the parent remains drug-free and provides a safe environment for the child throughout the custody modification process. 4. Treatment and Rehabilitation Motion: In cases where a parent has a history of substance abuse, this motion seeks to require the parent to undergo treatment and rehabilitation programs. It aims to help the parent recover from their addiction and demonstrate their commitment to providing a stable and drug-free environment for the child's upbringing. When filing a Rhode Island Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award, it is important to include specific details and reasons for the drug testing request. Supporting evidence, such as police records, witness testimonies, or any other relevant documentation, should be provided to convince the court of the necessity for drug testing and the potential risk to the child's wellbeing. It is crucial to consult with an experienced family law attorney in Rhode Island to ensure the motion is properly drafted, meets the legal requirements, and maximizes the chances of a successful outcome.
