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

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US-01219BG
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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

When the custody order is given after a positive drug test, what happens? After a positive drug test, custody will likely be removed from one or both parents depending on the situation.

In Wisconsin, joint legal custody or 50/50 custody gives both parents an equal share of the legal responsibilities of caring for their children. Joint physical custody maximizes the time the child has with both parents. Shared custody schedules work to give the child equal amounts with each parent.

Either the custodial or the non-custodial parent may file a petition in court for the modification of a child custody order. They just need to file the necessary paperwork (explained further below). The party who files the petition has to prove it is necessary to change the order.

(also called the Hair Strand Test), nail clippings, urine, saliva. Family courts generally use hair drug tests because it is easier to detect the drug for up to 12 months.

To change the custody of a child, you go through the courts. But minor adjustments can be made at any time between you and the other parent if both parents agree. For example, if a parent's work hours change to be one hour later, you may just be able to push pick-up/drop-off times by one hour.

You have the right to have your court order reviewed by the child support agency every 33 months or if there is a significant change in circumstances which will result in a payment change of 15% of the current order and the difference will be at least $50.

Hair testing is considered one of the most reliable types of drug tests due to its cheat-proof nature. It also has the longest detection window. Because hair testing is able to identify substances up to 90 days after use, it is often used to detect repeat drug use.

A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.

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