Virgin Islands 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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Word; 
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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

Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.

If you are court ordered and refuse to go, the Family Court will likely treat that as a failed drug test. If you refuse to be drug tested DSS may initiate a removal action (legal action) to retain your child in DSS custody and seek a court order to require you to submit to drug testing.

To get the ball rolling, a party must file a motion with the court, requesting a drug test. The motion should present credible evidence supporting the need for drug testing. The court, in turn, will evaluate the evidence and determine whether to grant the request for drug testing.

In South Carolina, ing to the State Department of Education, just like North Carolina, teachers aren't required to take a drug test before heading into the classroom; the decision is left up to district leaders.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF STATE EMPLOYEES, REQUIRE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, AND PROVIDE PROCEDURES FOR ITS CONFIDENTIALITY, RELIABILITY, AND FAIRNESS.

They cannot force you to take a test or require you on their own to do so. Now, if you refuse, because they cannot force you to take a test, then can use the refusal to file a petition with the court to seek an order requiring the test or other relief from the court.

Alabama does not have an established age where the judge must listen to the child's input about where they will live. Instead, the judge decides if they believe the child is mature enough to form an opinion on this topic before considering the child's wishes. Even then, this is only one factor in the court's decision.

As quoted in the Background section, above, California Family Code section 3041.5(a) allows a court in a child custody, visitation, or guardianship proceeding to order any person who is seeking custody or visitation to undergo drug or alcohol testing.

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