Wake North Carolina Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award

State:
Multi-State
County:
Wake
Control #:
US-01219BG
Format:
Word; 
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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.

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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

Stop using marijuana or any drugs ten days before the hair follicle drug tests. On the first day, you stop using the substance, bleach your hair, and use an ammonia-based hair dye to restore your hair's original color. Once you are done with bleaching and dyeing, use a detox shampoo to wash your hair thoroughly.

Which drugs are tested for reasonable suspicion? CalHR tests for amphetamines and methamphetamines, cocaine, marijuana/cannabinoids (THC), opiates (narcotics), phencyclidine (PCP), barbiturates, benzodiazepines, methaqualone and alcohol per CalHR Regulations 599.960-599.966.

They don't always do a hair follicle test unless it is after a court hearing. Usually it's random UAs on none court settings unless they receive a tip.

The hair drug test is done using the preliminary ELISA Test and a confirmatory GC/MS (Gas Chromatography/ Mass Spectrometry) drug testing programs to confirm the positive result.

If you refuse to take a hair follicle test, they will treat your situation as if you are positive. If you pretend as if you haven't used any substances and then take the test, you will be found out. The best thing to do in your situation is to look for a drug and alcohol treatment center to take you in and help you.

What type of drug tests does CPS use? It is said that 90% of the time, Child Protective Services (CPS) use Urine Drug tests for drug screening. Initially, CPS conducts a urine drug test for screening and confirmation tests. They may collect a saliva swab sample or hair samples to drug test for further clarification.

It is not possible, in California, to force a parent to take a hair follicle test for drug detection. The California Family Code is clear on what a judge may order and how the testing may be completed; and hair follicle testing is not an option.

If you fail a court-ordered drug test, the parental rights for custody of the child will be denied, but allow you to visit the child.

Court-Ordered Drug Testing The courts may only order drug and alcohol testing done in the least intrusive method. Typically, this means only urine samples. The court cannot demand hair follicle testing even though this method produces more accurate results for a longer time.

As we've said before, refusing an informal request by DHR to drug test can have immediate and scary consequences, just like refusing a breath test, even when you could have passed, can result in a night in jail.

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Wake North Carolina Motion to Require Drug Testing of Parent in a Proceeding to Modify Child Custody Award