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

State:
Mississippi
Control #:
MS-00401BG
Format:
Word; 
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Description Parent In Custody

Rule 35 of the Mississippi Rules of Civil Procedure provides in part:
"When the mental or physical condition (including the blood group) of a party or of a person in the custody or under the legal control of a party is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party's custody or legal control."


Rule 35(c) provides that in divorce, child custody, and other actions under Title 93 of the Mississippi Code of 1972, examinations are entirely within the discretion of the Chancery Judge.

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Ms Child Custody Other Form Names

Ms Drug Custody   Mississippi Motion Award   Mississippi Child Custody   Motion Modify Custody   Mississippi Motion In   Mississippi Motion Drug   Drug Custody  

Ms Modify Award FAQ

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Setting Age-Appropriate Limits. Understanding and Responding to the Child's Needs. History of Childcare Involvement. Methods for Resolving the Custody Conflict with the Other Parent. Child Abuse. Domestic Violence. Substance Abuse. Psychiatric Illness.

Judges must decide custody based on the best interests of the child." The best interests of the child law requires courts to focus on the child's needs and not the parent's needs. The law requires courts to give custody to the parent who can meet the child's needs best .

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.

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.

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

Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or. Exposing the child to emotionally harmful or psychologically damaging situations.

Home drug testing can be beneficial when it produces a positive result that accurately identifies an adolescent who is abusing substances and is in need of treatment. If a child tests positive on a home drug test, a medical professional should discuss the test results with the teen and interpret them.

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

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