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Judge to Usher

Stepson's Death Will NOT

Delay Custody Battle

8/3/2012 11:30 AM PDT BY TMZ STAFF
EXCLUSIVE

0803_tameka_usher_01The judge in the Usher/Tameka Raymond child custody case has refused to postpone the trial because Tameka's son died -- ruling the trial will resume as scheduled later this month.

As TMZ first reported, Usher wanted to have a court date moved back because he was worried that with the recent passing of Tameka's son ... the court hearing would cause "unnecessary stress and strain" for himself, Tameka, and their two minor children.

But Tameka argued Usher was just posturing for the press and his concern was "bogus." She claimed in court papers Usher "visited Kile in the hospital only once" during his 15 days on life support.

A judge in Fulton County, GA has now ruled, saying the case will go on as planned and Usher will once again take the stand. 

The trial will resume on Aug. 13 and is only expected to last a few more days.

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