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

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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

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FAQ

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

A federal drug testing custody and control form allows you to know who handled a specimen from the point of collection in a drug test until the final result is delivered.

In New Mexico, if there has been ?a significant and material change in circumstances that warrants a modification of custody, and time-sharing? (in ance with NMSA 1978, § 40-4-9.1.), either parent can file what's called a Motion to Modify Custody and Time-sharing.

A request can be made for modification of child support orders in New Mexico if there has been a material and substantial change in circumstances. Generally, that means the current Order has been in place for one year and the new calculation is 20% higher or lower than the current amount of support.

The chain of custody documentation process provides: Clear and unique identification of the subject being tested. Clear and unique labeling of the specimen. Identification of all persons who handle the specimen ? legible signature required.

The Fourth Amendment. The public-private distinction is important because drug testing normally involves the taking and examination of material from a person's body that is not normally exposed to public scrutiny and so is considered a search under the Fourth Amendment to the U.S. Constitution.

Child support or custody/timesharing can be modified in New Mexico by filing a Motion to Modify. The Motion to Modify must demonstrate that a substantial and material change in circumstances has taken place since the existing order was entered.

New Mexico law assumes that ?joint custody is best for children. Joint custody means that both parents make legal decisions (ie. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them.

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