Many lawyers plan for a custody trial without any regard for the appellate division later revisiting the minutes and concluding that there is nothing in the record to obviate the decision of the trial judge. Expressed another way, the evidence introduced at trial did not rise to the required level to overturn the decision of the trial judge to award one or the other parent custody of a minor child.
To try to overcome such result, your attorney must offer into evidence compelling testimony of a health care professional that can lead to but one conclusion that the parent selected cannot be disregarded as the primary custodian. For example, where it is testified to that the other parent who is not recommended to have custody would not be able to encourage a warm and loving relationship with the visiting parent, there would not be much reason for an appellate court to reverse the trial court's decision especially since the trial judge's decision must be afforded the greatest respect.
