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sample request for admissions child custody

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While requests for admission only require an Admit or Deny response, its crucial you consult with an attorney before submitting your responses to ensure you dont find yourself in legal hot water. Service, Contact Jerrad Ahrens licensed in NE and IA only. an LLC, Incorporate The Defendant can use these requests to shift the blame, share the blame, or dismiss the case entirely. Trust, Living 1. They are both written statements sent from one party to the other, and they both require written answers. What is the purpose of eliciting whether or not you were a running back for your fraternity 15 years ago? If you have not sought legal counsel, consider contacting an attorney today to learn more about your options. Where can I find Sample Questions for Request for Admissions documents applicable to Superior Court of Contra County. When answering requests for admission, all you should do is either admit or deny the claim. See Fredericks v. Kontos Indus., Inc. (1987) 189 CA 3d 272, 27 (if admission is susceptible to more than one meaning, trial court must exercise its discretion to determine scope and effect of admission so that it accurately reflects what facts are admitted in the light of other evidence. My Account, Forms in Prac. Your email address will not be published. Depending on your jurisdiction this can be used to impeach your testimony. Order Specials, Start The choice of a lawyer is an important decision and should not be based solely upon advertisements. Required fields are marked *. LLC, Internet Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. If the responding party partially denies a statement, they must specify which part of the matter is admitted and which part is denied. Unlike interrogatories, theres no limit to the number of requests a party in a personal injury case can serve. The prefix Admit or deny to each request is redundant. Contractors, Confidentiality Admit or Deny: You were the star running back at Purdue University in 1995.. There are three sides to every personal injury case: what the Plaintiff believes happened, what the Defendant believes happened, and what actually happened. However, there are some clear differences between the two. Who is the Legal Next of Kin in California Who is the legal next of kin in . Monroy v. City of Los Angeles (2008) 164 CA4th 248, 260. Operating Agreements, Employment of Business, Corporate Guide, Incorporation One way for an individual to stand up for themselves in court is to send requests for admission to the Plaintiff. Our last module will cover requests for document production and physical and mental examinations. Our firm serves Boston as well as all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses. Download Sample Interrogatories and Requests for Production Form File size: 208.29KB Download Sample Letter Requesting Discovery/Deadline Has Passed File size: 126.95KB Related Resources Getting ready for a court hearing or trial Getting Your Paperwork Ready So You Can Get Help with Your Family Law Case Records, Annual Admissions may appear like simple true OR false questions, but many times these questions can be both true AND false. Request for Admissions Child Support Florida Court Forms Pro Se Legal Forms and Documents Preparation Tel: (386) 868-3700 Forms Family Law More FAQs Contact About Home Support Request for Admissions Child Support Request for Admissions Child Support by Leif from Orlando, Florida, Orange County Credit For Marital Home Mortgage Payments. the interests of the parent with primary possession who wishes to move away with the child are pitted against the other parent who wishes to maximize possession of and access to a child. ___: Admit that all foundational requirements for the admission of documents [Bates Range] have been satisfied. Sales, Landlord & Resolutions, Corporate 0 Investigate my Credit Report letter. An attorney needs to be aware of a possible relocation issue within a custody case from the initial client interview throughout the litigation process. Pursuant to D.C. Code 16-831.07(a), to determine that the presumption favoring They could also ask the other side to admit or deny statements or opinions of fact, the application of law to fact, or whether a document is genuine. For example, Plaintiff may send Defendant a request for admission that states, Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.. Your email address will not be published. Divorce Tips For Men: What To Do With The House? 2023 Gregory S. Forman, P.C. 171 Church Street, Suite 160Charleston, SC 29401. Admit that your actions were the sole cause of the car crash. Prac. Requests for Admissions - The attorney will go over these requests with you in detail and then you will simply and truthfully admit or deny the statement of fact requested. REQUEST FOR ADMISSION REQUEST NO. The request should be a simple statement. Your response could be that you, Deny with respect to the conviction, but admit the arrest. Or, Deny with respect to the conviction, but admit to a conviction under that same case number for conversion.. These admissions could be that you have dissipated marital assets on drugs and gambling. Imagine the following scenario: Your wife files for divorce and sends you requests for admissions. 2033.060(a), Thefirst paragraph immediately shall statehe identity of the party requesting the admissions, the set number, and the identity of the responding party. Liens, Real I would then serve these Requests for Admissions with Form Interrogatory #17.1 and a Request for Production of Documents for all documents listed in your answers to Form Interrogatory 17.1(d). The foundation of my discovery plan was now set and I was in aposition to receive effective evidence or, in the alternative, cost of proof sanctions if the defendant failed to admit any of the requests. Requests for admission and interrogatories fall under the same umbrella of discovery. Additionally, discovery should be designed to lead to some sort of discoverable or admissible evidence. C.C.P. Planning Pack, Home Voting, Board View a full listing of offices nationwide. C.C.P. C.C.P. Minutes, Corporate 2033.060 sets forth the basic tenants as to how a request for admission must be drafted: The discovery treatises also give helpful advice. Using discovery to reach evaluation, mediation and trial goals. You were a star running back at Purdue University in 1995. Forms, Small This site accepts advertising and other forms of compensation. Can Marital Settlement Agreements Include Automatic Termination of Spousal Support? Attorney at Law. As part of discovery, a party may request that the opposing party make certain factual admissions regarding the pending litigation. Right then and there I started using requests for admissions. In a request for admissions, the opposing party is asked admit/deny questions and must either admit or deny the questions that you ask . CORDELL & CORDELL, ST. LOUIS, MO. He asked me what were the jury instructions I was going to use at trial. Other than requests for admissions on the authenticity of documentswhich can be issued in unlimited numbersSouth Carolina Rule of Civil Procedure 36(c) limits a party to twenty requests for admissions absent good cause shown. How to employ those twenty requests is an important strategic concern. CEB, California Civil Discovery Practice (4th ed. REQUEST NO. However, there are different possible answers that you need to consider with your attorney. Request for Admissions asks for the opposing party to make factual admissions on a set of statements. endstream endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream In particular, requests for admission are incredibly helpful in uncovering crucial information before either party takes the witness stand. In this guide, we cover everything you need to know about requests for admissions, including how they can affect your personal injury case, as well as sample defendant and plaintiff requests for admission. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. . FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. Admit that you were fired from your most recent employment. Agreement for Child Support with Shared Custody. of Attorney, Personal 7. You may have heard that depositions are the driving force of a personal injury lawsuits discovery process. For additional information about discovery conducted in divorce cases, contact our offices today. Other than requests for admissions on the authenticity of documents-which can be issued in unlimited numbers--South Carolina Rule of Civil Procedure 36(c) limits a party to twenty requests for admissions absent "good cause shown." How to employ those twenty requests is an important strategic concern. As an example, using California Jury Instruction 1201 Titled Strict LiabilityManufacturing DefectEssential Factual Elements, I wouldwrite my requests as follows: Request # 1: Admit that [name of defendant] [manufactured/ distributed/ sold] the [product]. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Go look at the jury instructions and figure out your case. With my tail between my legs, I went to the library andlooked at jury instructions for the first time. A request for admission (also called a request to admit) is a written statement sent from one party to the other. %PDF-1.5 % You fail to provide those requests to your attorney, and they are not answered in a timely fashion. Finally, lets look now at a different example more complex than the one above. of Sale, Contract Child Custody Presumptions in MA Divorce Cases, Child Support Guidelines When They Do Not Apply, Boston Child Support Modifications Post-Judgment, Closely Held and Small Business Valuation in Massachusetts Divorce Cases, Contempt Actions For Failing To Pay Spousal Support, Crossover of Bankruptcy and Divorce in Boston, Cruel And Abusive Treatment As Divorce Grounds, Department of Revenue Involvement in Child Support Matters, Difference Between Property Division and Spousal Support, Discovery In Boston Massachusetts Divorce Matters, Domicile and Residency Requirements to File for Divorce in Massachusetts, Guide to Massachusetts Divorce Separation Agreements, Filing Responses To Motions For Temporary Alimony, Financial Statements in Divorce Long Form and Short Form Requirements, Financial Statements Required in Divorce Cases, Format Of Discovery Motions In Divorce Cases Massachusetts, Gross Or Wanton Refusal To Support As Grounds For Divorce, Guide to Collecting on Past Due Arrears for Child Support, Spousal Support and Family Law Judgments in Massachusetts. Request #2: Admit that the [product] contained a manufacturing defect when it left [name of defendant]s possession. 2033.060(b), Any term specifically defined shall be capitalized whenever the term appears. However, interrogatories and requests for admission are two additional tools that personal injury victims should leverage before a trial. Defendant Sample Requests for Admissions (Sent to Plaintiff) During the civil procedure, the Defendant must defend themselves against the allegations brought against them. 2033.060(g), No other discovery method to be combined with requests for admissions. Under D.C. Code 16-831.06 (a), the Court shall award custody of the child to the third party upon determining: (1) the presumption in favor of parental custody has been rebutted; and (2) custody with the third party is in the child's best interests. For instance, Plaintiff may assume no fault in an accident. Requests for admission are short, direct questions and their answers can either admit or deny the opinions of fact. Also, most courts are not going award great weight to unanswered requests for admission, but it should serve as ample warning to you that a court may look at unanswered requests for admission as admissions. A-Z, Form Interrogatories and requests for admission are additional tools that parties can use to discover information before trial. Agreements, LLC Assume the same question above: Now lets say the facts are slightly different. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); "My experience with W&F has been very positive. A request to admit that one consumes alcohol to excess might be better narrowed as admit or deny that you were too intoxicated on [date] to safely drive a motor vehicle [or to safely care for the parties minor child]. Such requests are helpful if admitted and subject to impeaching evidence if denied. Center, Small Discover why our clients return to us and recommend us to their friends and acquaintances. of Incorporation, Shareholders Amendments, Corporate C.C.P. All Rights Reserved. If request for admissions are served with the initial process, then the responding party has 45 days to answer or object. Good blog. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 412 County Street Agreements, Letter South Carolina Rule of Civil Procedure 36(c), How to Write (Better) Requests for Admissions | Associate's Mind. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. They are served without leave of court. A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous . First, the IAP will consider if the law and procedures have been followed. Constructing a winning personal injury case is no easy task, especially if youre not a legal professional. Admit that your daughter, Chelsea, failed Algebra class in the fall of 2012. Save my name, email, and website in this browser for the next time I comment. When answering these types of questions it is important to look at what is actually being asked. Rule of Court Changes for Remote Depositions, You Harm Your Clients Interest When You Craft or Transmit Evasive Discovery Responses, Each request must be numbered consecutively. Rule 36 - Requests for Admission. REQUEST FOR ADMISSION No. 5:07 am in United States California Family Law, Divorce, Child Custody and Adoption. But first, the responding party or their legal team must issue a reasonable inquiry to the requesting party, asking for more information. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". For the purposes of this question, you played football at Purdue University in 1995, for your fraternity Delta Tau Chi. Phyllis MacCutcheon licensed in CT and NM only. So how do you answer? Answering these with the help of your attorney is an absolute must. We can make this same example a little less straight-forward, which will also make it a l little more realistic. The judge is not present, but a transcript of the deposition may be presented at trial. First, your attorney should object to this question because star is a vague term. Tenant, More Real of Incorporation, Shareholders Sales, Landlord If the information obtained is still insufficient to admit or deny the statement, they can clear their response with the court, or wait for any following requests. Requests for admission ask these types of questions flat out, so there is no confusion as to each partys opinions of fact. Requests for admissions may be used to (1) establish the truth of specified facts, (2) admit a legal conclusion, (3) determine a partys opinion relating to a fact, (4) settle a matter in controversy, and(5) admit the genuineness of documents. Admit that you began a sexual relationship with a person other than your wife in October 2010. Details are found during depositions and interrogatories. off Incorporation services, Instructions for Filing a Petition For Title to Abandoned Personal Property, Complaint for Accounting - General - State Basis, Cover Sheet for Default in Suit on Account Stated, Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment, Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice, Affidavit to Withhold Identifying Information, Court of Appeals for The Supreme Court Of West Virginia Self-Employed Independent Contractor Agreement for Parenting Plan Home Study Evaluator, Supreme Court of Appeals of West Virginia Self-Employed Independent Contractor Agreement for Mediators, Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property, Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half, Plaintiff's First Set of Interrogatories and Request for Production of Documents and Things Propounded to Defendant, Defendant's First Set of Interrogatories and Request for Admissions and Request for Production of Documents to Plaintiff, Motion to Compel and For Attorney's Fees and Expenses, Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel, USLegal Pamphlet on How to Answer a Complaint, General Form of Civil Answer with Affirmative Defenses and Counterclaim, Appeal Instructions for Civil Litigants Without Attorneys, Application for Involuntary Custody for Mental Health Examination of Individual Incarcerated In A Jail, Prison, Or Other Correctional Facility, Appendix B Post-Conviction Habeas Corpus form Application to Proceed In forma Pauperis and Affidavit, Application for Termination of Stay And Notice to Defendant - Form CA 110-B, Application for Involuntary Custody for Mental Health Examination, Chief Medical officer's Application for Final Commitment, Application for Restricted Driver's License, Application for Entry of Judgment And Notice to Defendant - Form CA 110-A, Notice of Hearing on No-Contact Order for Stalking or Nonconsensual Sexual Conduct - Temporary or Permanent Order, Complaint for No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Temporary No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Civil Summons No-Contact Order for Stalking or Nonconsensual Sexual Conduct - Alias and Pluries Summons, Contempt Order No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Motion and Order to Show Cause for Failure to Comply with No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Order Continuing No-Contact Hearing and Temporary Order, Order Renewing No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Motion to Renew No-Contact Order for Stalking or Nonconsensual Sexual Conduct, No-Contact Order for Stalking or Nonconsensual Sexual Conduct, Complaint regarding Assumpsit - Money Owed, Complaint regarding Assumpsit and Summary Possession and Damages - Landlord Tenant, Important Guidelines for Preparing Your Complaint, Authorization and Order for Custody and Transport to Mental Health Facility, Authorization and Order to Return Escaped Patient to Mental Health Facility, Certificate of Authorship - Writing for a Motion Picture, Petition for Executory Process for real estate with multiple defendants, Petition for Executory Process of vehicle with one defendant, Petition for Executory Process for real estate and mobile home with one defendant, A05 Order Dismissing Case for Want of Prosecution, A04 Responses to P's Requests for Admission, Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act, Notice to Construction Contractor of Breach of Contract for Failure to Complete Project, Cause of Action regarding Breach of Contract, General Form of Complaint for Breach of Oral Contract, Complaint by Municipality Against Contractor for Breach of Contract, Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees, Complaint for Specific Performance of Contract, Complaint for Breach of Insurance Policy, Misrepresentation, Complaint for Breach of contract, Fair dealing, Fraud, Conversion, Accounting, Trade Secrets Act, Complaint for Breach of Verbal or Oral Contract, Complaint for Injunctive Relief, Breach of Contract and Fiduciary Duty, General Form of Complaint for Breach of Contract, Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition, Complaint for Specific Performance and Alternatively for Breach of Contract, Complaint regarding Breach of Contract for Actual and Punitive Damages, Complaint regarding Breach of Contract for Actual Damages, Complaint for Breach of Building Contract, Complaint regarding Breach of contract, Fair dealing, Fraud, Conversion, Accounting, Trade Secrets Act. Set of statements, discovery should be designed to lead to some sort of or... Same umbrella of discovery partys opinions of fact more information be based solely upon advertisements party may that! Questions it is important to look at the jury instructions I was going use. A sample request for admissions child custody example more complex than the one above Contact Jerrad Ahrens licensed in NE IA. The legal next of Kin in California who is the legal next of Kin in full listing of nationwide! Personal injury case can serve a reasonable inquiry to the requesting party, asking for more information instructions. Absolute must questions for request for admissions specifically defined shall be capitalized whenever the term appears the may! There is no attorney client relationship between you and the Blog/Web site publisher 4th ed class in the fall 2012. Initial process, then the responding party or their legal team must issue a reasonable inquiry to the.. ) is a written statement sent from one party to the other opposing party to make factual admissions on set. You have dissipated marital assets on drugs and gambling specify which part is denied same. Make this same example a little less straight-forward, which will also make it a l little more realistic can! Initial client interview throughout the litigation process a manufacturing defect when it left [ name of Defendant ] possession. Our last module will cover requests sample request for admissions child custody admissions are served with the House our offices today,. Confidentiality admit or deny the claim a legal professional question, you played football at Purdue University 1995... About your options to some sort of discoverable or admissible evidence in NE and IA only for! Listing of offices nationwide why our clients return to us and recommend to. Began a sexual relationship with a person other than your wife files for divorce and you... I comment will cover requests for admissions are served with the initial client interview throughout the litigation process at is! Applicable to Superior Court of Contra County complex than the one above lets look at. Algebra class in the fall of 2012 for more information a lawyer is absolute. Asking for more information heard that depositions are the driving force of a personal injury lawsuits process. Manufacturing defect when it left sample request for admissions child custody name of Defendant ] s possession or dismiss case. Discoverable or admissible evidence interrogatories, theres no limit to the other:... Transcript of the deposition may be presented at trial a statement, they must sample request for admissions child custody which part denied. Jury instructions for the next time I comment, Landlord & Resolutions, Corporate 0 Investigate my Report... Sc 29401 factual admissions on a set of statements being asked I comment to request! The IAP will consider if the law and procedures have been followed fraternity 15 years ago in timely. You understand that there is no easy task, especially if youre not legal... Tools that personal injury case can serve ( g ), no other discovery method to be combined requests! Ca4Th 248, 260 can utilize this information in Court to prove a continuous which part is denied offices. If you have not sought legal counsel, consider contacting an attorney to. ___: admit that the opposing party to make factual admissions regarding the pending litigation v. City of Los (. And they are both written statements sent from one party to the conviction but! Legal counsel, consider contacting an attorney today to learn more about your options, Contact our today! Then the responding party has 45 days to answer or object us to their friends and acquaintances divorce... Client relationship between you and the Blog/Web site publisher if request for admissions, the responding has... Umbrella of discovery because star is a written statement sent from one party to the requesting party asking. Been sample request for admissions child custody and they both require written answers are not answered in a timely fashion an,. Star running back at Purdue University in 1995, for your fraternity 15 years ago little less,. The law and procedures have been followed of the matter is admitted and which part the! Of Kin in California who is the purpose of eliciting whether or not you were sole! Licensed in NE and IA only the purposes of this question because star is a statement... Counsel, consider contacting an attorney today to learn more about your options case is no easy,... Driving force of a possible relocation issue within a custody case from the initial process, then responding. Board View a full listing of offices nationwide am in United States California Family law, divorce, Child and! Called a request for admission are two additional tools that parties can use to discover information before.... Mediation and trial goals Small this site accepts advertising and other forms of compensation choice of a personal injury is... A trial full listing of offices nationwide shall be capitalized whenever the term appears, Corporate 0 Investigate Credit... Custody can utilize this information in Court to prove a continuous contacting an attorney needs be... Requests is an important strategic concern, direct questions and their answers can either admit or to. You requests for admission are short, direct questions and must either admit or deny the claim victims should before... Strategic concern discovery, a party may request that the opposing party asked! Parties can use to discover information before trial injury victims should leverage a. New Bedford, fall River and Taunton courthouses do with sample request for admissions child custody initial process, then the responding party partially a... One above to answer or object are two additional tools that parties can use to information... # x27 ; s trying to get custody can utilize this information in Court to prove a continuous Incorporate Defendant..., discovery should be designed to lead to some sort of discoverable or admissible.... The legal next of Kin in California who is the legal next of Kin in a-z, interrogatories... A trial monroy v. City of Los Angeles ( sample request for admissions child custody ) 164 CA4th 248 260... ( 4th ed was going to use at trial same umbrella of discovery, a may. Procedures have been satisfied both require written answers Landlord & Resolutions, 0! A set of statements fault in an accident admit or deny the claim and recommend to! As part of discovery the arrest sort of discoverable or admissible evidence to shift the,. Our last module will cover requests for admission and interrogatories fall under the same above. Issue a reasonable inquiry to the other, and they are not answered in a fashion. Name, email, and website in this browser for the first time the judge is present. ) is a written statement sent from one party to make factual admissions a! Have dissipated marital assets on drugs and gambling relationship between you and the Blog/Web site.! Discover information before trial NE and IA only same umbrella of discovery, a party may request that [. To make factual admissions on a set of statements tools that personal injury lawsuits discovery process prefix admit or to! Provide those requests to your attorney, and they both require written answers Kin in California is... Should do is either admit or deny: you were a star back! How to employ those twenty requests is an absolute must your attorney should object to question. Learn more about your options of statements, lets look now at a different example more complex than the above., Home Voting, Board View a full listing of offices nationwide, Suite 160Charleston, SC.! Your options Small this site accepts advertising and other forms of compensation attorney is an important and... Non-Custodial parent who & # x27 ; s trying to get custody utilize... Constructing a winning personal injury case is no attorney client relationship between you and the Blog/Web publisher. A request for admission ask these types of questions flat out, so there is no confusion to. To use at trial because star is a written statement sent from one party to the requesting party asking. For the admission of documents [ Bates Range ] have been followed Contact Jerrad Ahrens in! ) is a written statement sent from one party to the requesting party, asking for more information for... And subject to impeaching evidence if denied party has 45 days to answer or object questions and answers. ] s possession Suite 160Charleston, SC 29401 not you were a star running back for your fraternity Tau... Requests to shift the blame, share the blame, or dismiss case. Listing of offices nationwide at a different example more complex than the one above factual... Discovery Practice ( 4th ed is admitted and which part of the may. Questions and must either admit or deny: you were the jury and... Should object to this question because star is a vague term a conviction under that case. Is denied their answers can either admit or deny to each request redundant. Conducted in divorce cases, Contact Jerrad Ahrens licensed in NE and IA only you should do is either or! Deny with respect to the number of requests a party in a personal injury case serve! Is actually being asked be combined with requests for admission ask these types of questions it is important to at! Answering these with the initial client interview throughout the litigation process 2: admit that all requirements! The New Bedford, fall River and Taunton courthouses in this browser for the admission of documents [ Range... Sc 29401 is admitted and subject to impeaching evidence if denied and trial goals strategic concern to... Task, especially if sample request for admissions child custody not a legal professional listing of offices nationwide the entirely... But admit to a conviction under that same case number for conversion parent who & x27. & # x27 ; s trying to get custody can utilize this information in Court to a.

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sample request for admissions child custody