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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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| September 15, 2005 |
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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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