A judge may abuse discretion[?]. To continue our example, if one parent is very incapable and the other very capable (assuming this is shown by the evidence), if a judge grants custody to the poor parent; it may be possible on appeal to overturn the decision. Nevertheless winning such an appeal will be difficult as the presumption[?] both in law and as a practical matter is that the trial court knew what it was doing as the trier of fact[?] (often not the judge, but the jury in other types of cases not requiring the court to exercise equity) is in the best position to review the testimony and other evidence. Except in extraordinary cases, appellate courts only review the written record of lower court decisions.
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