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

State:
Multi-State
Control #:
US-01219BG
Format:
Word; 
Rich Text
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

If a test comes back positive for drugs, a parent's custody may be restricted or supervised to ensure the child's safety. Furthermore, the court may require the parent to participate in counseling or therapy sessions as part of the recovery process.

In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.

A chain of custody form ensures that the sample is properly secured, handled, and tested. It establishes the sequence of who handled the specimen at each step throughout its processing. This helps to protect against any accusations that someone has tampered with the specimen during the drug testing process.

If you're already employed and fail a random or ?for cause? test, you may either get fired or be required to address your drug use through a rehab program. Employees who are found in possession of a controlled substance could face felony charges and jail time.

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.

Legal Rights and Consequences: A Positive Test Result When a judge orders a hair follicle test, the results can have profound consequences on custody and visitation rights. If a test comes back positive for drugs, a parent's custody may be restricted or supervised to ensure the child's safety.

Drug testing in child custody cases in Texas is increasingly common. The judge must make decisions based on what he or she believes is in the ?best interests of the child? and drug testing is often required in cases where there is even a mention or thought of substance abuse ? whether it is true or not.

The answer is you file a motion for drug testing through a request for order. A request for order for a drug testing motion at a minimum requires the following documents: FL - 300. A declaration based on personal knowledge and admissible evidence that sets forth the facts in support of your drug testing request.

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