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Motion to Require Drug Testing of Parent in a Proceeding to Modify...

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

Name: Orange California Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award
Brand: US Legal Forms
Rating: 4.73 (360 reviews)

Category:

Family Law - Child Custody and Visitation

State:

Multi-State

County:

Orange

Control #:

US-01219BG

Format:

Instant download

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.

How to fill out Orange California Motion To Require Drug Testing Of Parent In A Proceeding To Modify Child Custody Award?

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FAQ

A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.

A spouse cannot force another spouse to take a drug test. However, if a legal action is filed (such as a divorce), one spouse can petition the court for an order requiring a drug test.

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

If you believe that your spouse is abusing drugs or alcohol, you can have your attorney file a motion asking the court to order a drug test. These tests may analyze urine, blood or hair, depending on the judge's preference and the court's standards.

Reasons a Judge Will Award a Child Custody Modification Child's needs have changed. Child is in danger (physical, emotional, sexual, or psychological abuse) One or both parents' situations have changed. The non-custodial parent's work schedule changed.

If your children have not already been removed, the drug test that is performed is typically a swab or urine test. If you test positive, the CPS caseworker will ask you to voluntarily sign a safety plan that places your children with another friend or relative.

Well yes, if one of you applies for a child arrangements order then you can apply for drug tests. The court can order these if it agrees it is necessary. There is no way of just applying for him to be tested as a stand alone application.

Thus, the requesting party must show that a change is justified. Common substantial changes in circumstances may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

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

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What is considered a change in circumstances?

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Interesting Questions

Why would someone need to undergo drug testing to modify a child custody award in Orange Motion?

What is Orange Motion?

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Who analyzes the drug test results in Orange Motion?

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