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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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Key Concepts & Definitions

Drug Testing: Refers to a chemical analysis designed to determine the presence or absence of specified substances in a person's body.
Family Law: A legal practice area that deals with family matters and domestic relations including marriage, divorce, child custody, and child support.
Court Ordered: A mandate issued by a court requiring one or more parties to adhere to specified conditions.
Child Custody: Legal terms pertaining to the guardianship arrangements made for a child whose parents are divorced or separated.
Modify Child Support: Legal process of changing the amount of financial support a parent is required to provide their children following a separation or divorce.

Step-by-Step Guide to Filing a Motion for Drug Testing of a Parent

  1. Assess the Situation: Ensure that there are legitimate concerns about the parents substance abuse that could affect child safety.
  2. Consult a Family Lawyer: Discuss your concerns with a legal professional who can advise you on local laws and procedures.
  3. Prepare the Motion: Gather evidence supporting the need for drug testing, such as behavior records or witness testimonies.
  4. File the Motion: Submit the motion in your local family court. It should request drug testing and outline the concerns clearly.
  5. Attend the Hearing: Participate in a court hearing where both parties can present their arguments.
  6. Accept the Judges Decision: Be prepared to accept whether the motion is granted or denied, and understand the implications for child custody or support.

Risk Analysis

Filing a motion for drug testing involves several risks including personal and legal repercussions.

  • Relationship Strain: Such legal actions can strain familial relationships and potentially lead to conflict.
  • Legal Costs: Legal fees and court costs can be significant, especially if the process becomes lengthy or contentious.
  • Privacy Concerns: Drug testing raises issues of privacy and can be seen as an invasion of personal rights.
  • Accuracy of Results: There's always a risk of inaccurate drug testing results, which can wrongly influence custody decisions.

FAQ

  • What legal reasons justify a motion to require drug testing of a parent? Legitimate concerns about a parent's substance abuse affecting their ability to ensure a childs safety or welfare.
  • How often can a parent be tested? Frequency of testing is typically determined by the court based on the specifics of the case and any existing custody arrangements.
  • Who pays for the drug tests? The costs can be apportioned between the parents as determined by the court. Payments can also be solely placed on the parent being tested.

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FAQ

If you fail the drug test, it's likely the judge won't give you the same rights as a parent who tested negative for any of these substances. This often includes severely limiting the amount of time you have with your child, often requiring supervision of some form in order to protect the child.

In order to prove alcoholism or drug abuse, the evidence presented can include such things as medical reports, DUI arrests, drug arrests, court-ordered or voluntary treatment programs that then failed, witness testimony, job loss or difficulty maintaining one's job due to substance abuse, random drug tests, remote

Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.

According to the Equal Employment Opportunity Commission (EEOC), "if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record." As a best practice, all drug test results should be filed in a confidential

CPS will intervene into a situation where it is reported to them (through anonymous intake phone calls) that your use of drugs or alcohol are either placing your child into a dangerous situation or where you have abused your child. These reports may well be false, or at the very least mislead.

When the law considers substance abuse to be child abuse Because drugs can completely alter a person's state of mind, it is possible for parents to lose their best judgment when under the influence. The court could consider drug use to be child abuse if it led a parent to neglect his or her child's needs.

If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court's decision when granting access to your child.

Alcohol test Parenting orders can specify that drug testing or alcohol testing occur at particular times or that a drug test be performed at the request of a party. This can mean that where one parent develops the suspicion that the other parent has been using drugs, they can request the test to be done.

A history of child abuse. A history of substance abuse. A history of domestic violence. The parent's ability to make age-appropriate decisions for a child. The parent's ability to communicate with a child. Psychiatric concerns. The parent's living conditions. The child's opinion.

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