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.
Utah Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award aims to ensure the safety and well-being of a child by requesting that a parent undergo drug testing during a custody modification case. This legal proceeding is initiated when one parent believes that the other parent's substance abuse may jeopardize the child's welfare and custody arrangement. The court may require drug testing as a means to gather objective evidence regarding the parent's drug use and make informed decisions about the child's best interests. In Utah, there are two types of motions relevant to drug testing in a child custody modification case: 1. Motion to Require Drug Testing: This motion is filed by the concerned parent seeking a modification of the child custody award. It allows them to request drug testing of the other parent to provide evidence of substance abuse and potentially establish grounds for amending the current custody arrangement. 2. Motion to Oppose Drug Testing: This motion is filed by the parent who is being subjected to the drug testing request. It allows them to contest the need for drug testing, presenting reasons such as lack of evidence or disputing the allegations made by the other parent. The motion aims to protect the parent's rights and prevent unnecessary drug testing if it is deemed unjustified. The Utah Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award typically follows a standard legal format, including the following components: 1. Caption: This includes the case number, court name, and the names of both parents involved in the custody modification proceeding. 2. Title: "Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award." 3. Introduction: This section provides a brief overview of the case, identifying the parent filing the motion and the parent against whom the motion is being filed. 4. Statement of Facts: This section presents relevant information about the current custody arrangement, the child's well-being, and the parent's concerns regarding the other parent's alleged substance abuse. It may include instances or observations supporting the need for drug testing. 5. Legal Basis: This portion clarifies the legal grounds and statutes that authorize the court to order drug testing in a child custody modification case. It cites applicable Utah laws, regulations, or previous court rulings supporting the motion. 6. Request for Drug Testing: Here, the filing parent explicitly requests the court to order drug testing of the other parent, presenting reasons for why it is necessary, and how it pertains to the child's safety and best interests. 7. Proposed Testing Method: This section outlines the suggested drug testing method, such as urinalysis, hair follicle testing, or any other applicable method, and emphasizes the need for accurate and reliable results. 8. Declaration: The parent filing the motion signs a sworn declaration stating that the information provided is true and accurate to the best of their knowledge. 9. Conclusion: This section reiterates the request for the court to order drug testing and specifies any other relief or changes sought in the custody modification proceeding. 10. Signature and Date: The motion concludes with the filing parent's signature and the date of submission. It is important to note that the specific requirements and procedures for filing a Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award may vary based on individual circumstances and the discretion of the court. Therefore, it is advisable to consult an attorney or legal professional familiar with Utah laws for guidance on drafting and filing these motions effectively.
