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| Without a complete citation, your information is valueless to pro ses as well as to other lawyers. We have 50 States. This case could have come out of any one of them. |
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| Case law update |
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| Click below to read full case. |
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| LOMALEE KAREEN HOUSTON vs. LANCE TORON HOUSTON. |
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BASIC FACTS: Dad and mom are in lawsuit over custody of child. Dad asks mom for admissions to certain facts, which under the rules of domestic procedure, are admitted if not responded to with a denial. Mom does not respond to request for admissions. Under rules of domestic procedure, the unanswered requests for admissions are deemed admitted. Judge issues finding of fact inconsistent with matters admitted to by failure to respond to the request for admissions.
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| ISSUE: In a child custody case, may a judge ignore matters admitted by failure to respond to admissions? |
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HELD: Yes. In the interest of promoting the best interest of the child, the judge can ignore the matters admitted by failure to respond to admissions, and independently determine what is in the best interest of the child, even if those findings of fact are inconsistent with matters admitted.
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