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

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US-01219BG
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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

How to fill out Motion To Require Drug Testing Of Parent In A Proceeding To Modify Child Custody Award?

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FAQ

Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.

A federal drug testing custody and control form allows you to know who handled a specimen from the point of collection in a drug test until the final result is delivered.

Court-Ordered Drug Testing The courts may only order drug and alcohol testing done in the least intrusive method. Typically, this means only urine samples. The court cannot demand hair follicle testing even though this method produces more accurate results for a longer time.

To convince the family court to CHANGE custody, a parent must prove three things: A material change in circumstances; The material change in circumstances happened AFTER the initial family court custody order; and. The material change substantially affects the child's best interests.

To modify South Carolina child custody, you must show that 1) there has been a material change in circumstances (the change in circumstances happened after the court's original child custody determination), and 2) the change affects the child's best interest.

The chain of custody documentation process provides: Clear and unique identification of the subject being tested. Clear and unique labeling of the specimen. Identification of all persons who handle the specimen ? legible signature required.

At this time, joint custody is the type of custody most ordered by our family courts, as it allows both fit parents input into the major decisions touching upon the minor children. In most joint custody orders, there will be a designated ?primary custodian? and sometimes a ?secondary custodian?.

If the child is under 12, most courts will not allow the child to voice their preference. Once the child is 14, the court will take the child's preference with more weight.

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