Was told I should post this question to you: Can you help this father with his custody re-trial?

[win5Low]

Anybody out there that can give me some advise, I would surely appreciate it. I just discovered the SPARC site and in reading it, came to realize that I could be a poster boy. However, a State Appeals Court has reversed in part and remanded the Curcuit Court Judge's decision, meaning another trial. They ruled that the Circuit Court Judge's custody decision was a palpable abuse of discretion. The Appeals Court claimed that "the Judge's factual finding that no established custodial environment existed, is against the great weight of the evidence". Moreover, and this is what I need help on, they (the three judge panel) agreed that the trial court commited a clear legal error when it relied on information that was not part of the record. This refers to the Judge, in his post-trial written opinion, citing local publications that recommend a stable environment for young children and that this cannot be attained by joint custody and the frequent changes involved with such a situation. My feeling has always been that IT IS BECAUSE OF THE YOUNG AGE OF THE CHILDREN that the bond be maintained to the greatest extent possible, meaning both the father and mother should be nuturing the children in eqaul parts. That is BIC! My question is: does anyone know of any reputable publications that would support this position? Perhaps they are under my nose on this site. I need some sort of expert opinion to counter the publications that the Circuit Court Judge relied on, and I was not provided an opportunity to challenge.
I have hoped and prayed and struggled mightily against an insidiously schemeing ex, who has taken advantage of my desire to keep conflict away from the children while trying to provoke it at every turn. Just this morning I recieved an e-mail claiming that "the girls sustained head injuries under your care this weekend". But I will not give up on our children. I am just so glad to have a second shot at this since I've been told it is so rare. Please help if you can.  

[Brent]

Win5Low,

To help Socrateaser answer your question as quickly and as accurately as possible, please follow the posting rules for this particular board (otherwise, you won't get a response):

1) Break your post into paragraphs of no more than four sentences.

2) State your facts first, then your questions.

3) Number each question, so that I can number my answers.

[win5Low]

A State Appeals Court has reversed in part and remanded the Curcuit Court Judge's decision, meaning another trial. They ruled that the Circuit Court Judge's custody decision was a palpable abuse of discretion. The Appeals Court claimed that "the Judge's factual finding that no established custodial environment existed, is against the great weight of the evidence".
The three judge panel agreed that the trial court commited a clear legal error when it relied on information that was not part of the record. This refers to the Judge, in his post-trial written opinion, citing local public health publications that recommend a stable environment for young children and that this cannot be attained by joint custody and the frequent changes involved with such a situation.
The three judge panel stated that it prevented the defendant (me) from rebutting or otherwise challenging the studies and the courts belief that they were accurate. My question is:
1.)  Do you know of any reputable studies that would refute or run contrary to the local public health department's stance that the Judge relied upon, but was not part of the record?

I hope this makes sense.