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.
Wake North Carolina Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award is a legal action taken in Wake County, North Carolina, aimed at ensuring the safety and well-being of a child involved in a custody proceeding. This motion compels a parent to undergo drug testing as a requirement for modifying an existing child custody arrangement. In cases where there are concerns about a parent's substance abuse or drug use, such as documented instances of drug-related issues, arrests, or a history of drug dependency, a motion to require drug testing may be filed. This motion is typically filed by the other parent or their legal representative and seeks to establish the necessity of drug testing as a factor to consider when modifying a child custody award. The purpose of this motion is to evaluate and determine the parent's ability to provide a safe and stable environment for the child. It is designed to protect the child's best interests by ensuring that both physical and emotional well-being are maintained to the highest possible standard. Different types of Wake North Carolina Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award may include: 1. Random Drug Testing Motion: This type of motion requests the court to order the parent to undergo random drug testing at specified intervals to monitor any potential substance abuse issues. 2. Suspicion-Based Drug Testing Motion: This motion seeks to establish the necessity of drug testing based on concrete evidence or suspicions of the other parent's drug use or substance abuse. 3. Preemptive Drug Testing Motion: In situations where a parent seeking custody modification has a history of drug-related issues or a known substance abuse problem, this motion may be filed to ensure the child's safety by requiring drug testing. 4. Post-Divorce/Initial Custody Award Drug Testing: This motion can be filed after a divorce or initial custody award when there is reason to believe that a parent's drug use may have changed since the previous court order was issued. It seeks to reassess the parent's suitability for custody based on their current drug use status. 5. Follow-Up Drug Testing Motion: If a parent has previously tested positive for drugs or substance abuse and has been granted custody under certain conditions (such as participating in a rehabilitation program), this motion may be filed to ensure compliance with the court's orders by requesting periodic drug testing. The Wake North Carolina Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award aims to prioritize the child's well-being and protect them from potential harm caused by substance abuse or drug dependency. By requiring drug testing, the court can make informed decisions regarding child custody, ensuring that the child is placed in a safe and stable environment.
