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

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Multi-State
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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

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.

The first step is for the parent to submit a petition to modify to the court. The petition will contain the parent's proposed modifications. If both parties agree to the modification, they can submit a modification agreement outlining a new parenting plan for the court to ratify and approve.

Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

A material change of circumstances is an alteration in the facts and conditions associated with a custodial scheme or arrangement so significant that the existing plan no longer satisfies the best interests of the child.

While parents may be tempted simply to enter into informal agreements, they are not legally enforceable. Only a Tennessee court ultimately can modify a valid child custody order. Some situations, however, follow different procedures.

Ing to Tennessee law, a ?material change in circumstances? must be documented. This includes significant changes that affect parenting or the child's needs. For example, older children often strongly prefer to reside with a parent of the same gender.

An established testing option Like hair, fingernails are made of keratin. They provide stable samples that are simple to both collect and transport. Offering a longer window of detection, a fingernail test provides a 3-6 month history of drug and/or alcohol abuse.

A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody and visitation or circumstances that make the parenting plan no longer in the best interest of the child.

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