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Some problems defy simple solution. This article has been germinating in my computer for more than three years as I’ve continued to contemplate how custody appeals can be processed more efficiently while ensuring that the findings of the Appellate Division are based on admissible evidence. Unfortunately, there is no easy answer—absent a dramatic overhaul of the judicial custody process, we will continue to experience delayed determinations which may be based on inadmissible hearsay and personal opinion. Since there is no definitive “solution,” it is especially important to consider how systematic delay, the growth and natural development of the children and/or a post-trial change in circumstances can be used by the non-custodial parent to obtain reconsideration of a custody determination.
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