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Child Abuse: How To File A Motion For Drug Testing?

 

What is Drug Testing?

Drug testing collects samples and analyzes them to determine if they have used a particular substance. Drug testing may occur in the workplace when it’s done on an individual basis, or it may be a requirement for all employees.

Drug testing can be a part of pre-employment substance abuse screening, or more frequently, a random drug test. Alternatively, drug testing may occur as part of an organizational wellness program.

The goal of all these different types of drug testing is the same: to ensure that people are not impaired on the job, and that work is done safely and without impairment.

How is Drug Testing Done?

Drug testing can be done by sampling various bodily fluids such as urine, blood, hair, or saliva. A sample will then be tested for drug concentration to determine if any illicit substances have been used within a set period.

Drugs such as cocaine, amphetamine, opiate, and marijuana are monitored closely due to their prevalence and the damaging effects on the body’s health. False positives could occur when a patient takes prescribed medications containing an element similar to one of the illicit substances.

Drug Testing Can Be Performed In The Following Ways:

  • Saliva Drug Testing: Saliva drug testing is done using the oral swab test method. Test results are typically available within minutes. The detection time for drug use is usually longer than urine testing.
  • Blood Drug Testing: A needle is inserted into a person’s vein to test the blood for drugs and alcohol. Depending on the drug being tested for, blood tests may be more invasive and difficult to take than urine or oral fluid tests. Blood tests are more accurate than the others and can be used to test for much longer amounts of time.
  • Urine Drug Testing: Urine can be tested in a variety of different ways. A sample is usually collected with a particular collection device and then tested using a urinalysis test. This test is often the most invasive in how many examinations it requires to complete the analysis. It can be used for testing most illicit drugs but not all prescription medications.
  • Hair Follicle: Another method of drug testing is to perform an analysis of the hair follicle. Drug use in the months or years before the test can be determined by evaluating the hair shaft.

The detection time for this method is quite long, and it may not distinguish between drugs and medication.

Child Custody Case

Drug abuse is a common and tragic problem, and drug and alcohol use play an important role in many divorce cases. If you are getting divorced and you believe your spouse has a drug problem, it is essential to address those concerns before putting your children at risk.

The court does not require drug and alcohol tests under normal circumstances. In most cases, a parent must request this; however, the court will not allow this request unless the petitioner can provide evidence of the spouse’s drug problem.

If the spouse has a history of illicit drug use or an alcohol-related criminal record, it is a “preponderance of evidence” indicated as proof.

In custody cases, allegations of drug or alcohol abuse are crucial. A court can deny custody of a parent accused of drug or alcohol abuse, or that parent can only have supervised visits.

Because drug or alcohol abuse allegations are taken so seriously, it is often not enough to tell the court that your ex-spouse or significant other has abused these substances a drug test and show that you can care for a child.

WHAT IS THE PROCESS TO FILE A MOTION FOR DRUG TESTING?

Step 1: Find the right attorney

The first step to file a motion for drug testing is to find the right attorney. Many attorneys’ offices advertise on TV, radio, and billboards, but it’s best to do some research online before calling an attorney’s office to discuss your case.

Your local phone book also contains listings of attorneys and law firms that specialize in drug testing cases. Finding an individual attorney who has experience handling drug testing cases is also a good starting point.

Step 2: Create your document

The second step is to create a motion for drug testing that outlines your case (the facts and what you want) and clearly states why you need drug testing.

The tone of the motion will be crucial, as it will set the judge’s expectations about how they should decide whether to grant your request for drug testing.

Remember that judges are much more likely to approve a motion if it’s well-written and researched.

Step 3: Have your lawyer send it to the correct court

The third step is to have your attorney send the motion for drug testing to the proper court in your jurisdiction. Every state has its laws regarding child custody, and every set of rules is different.

Your local court will have more information about the types of cases and laws that apply there, as will your state’s website.

Step 4: Get a response

The fourth step is to get a response from the court. The judge’s response will let you know if your motion for drug testing has been accepted, denied or if it needs to be amended before the court can take it.

There may be situations where it makes sense to amend the motion for it to comply with local laws and rules of the court.

Step 5: If the motion is granted, get ready to take a test

The fifth step is to prepare for the test if the motion for drug testing has been granted. Not every type of drug test requires that you purchase all the necessary equipment from a lab.

In many cases, you can purchase any number of items from a local store and be prepared to provide them when it’s time for you to comply with the judge’s order for drug testing.

Step 6: Test

The next step in filing a motion for drug testing is to provide the court with the test results. The judge may require the results from one type of test or several different types of tests.

It’s essential to follow the instructions provided with your drug testing kit to ensure that you pass your test on time.

Step 7: Pay attention to your case

The final step in filing a motion for drug testing is to pay attention to your case. You’ll need to be involved in any court hearings or mediation sessions that involve your custody dispute if you want to protect your rights as much as possible.

Most cases will go on for months or even years before being resolved. When you hear new development news in your case, it’s essential to be prepared for what comes next.

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