Custody Trial to Determine Fate of Simpson Children

ORANGE â€”  The O.J. Simpson criminal trial is history. The Simpson civil trial is proceeding in Santa Monica. Now the Simpson custody trial is about to begin.

Hearings will begin Tuesday in Family Court in Orange to determine whether Sydney, 11, and Justin, 8, Simpson’s two children from his marriage to Nicole Brown Simpson, should live with their father or continue living with their grandparents Louis and Juditha Brown in Dana Point.

The children have been living with the Browns since 1994, when the former football star was arrested on suspicion of killing his ex-wife and her friend, Ronald Lyle Goldman. Simpson was acquitted of the murder charges in October 1995.

Simpson has since asked to retain custody of the children, but the Browns have refused, sparking more than three months of pretrial hearings.

Family law attorneys say the law favors Simpson, the natural father. But the Browns have a longshot chance of maintaining custody if they can prove that the children would be harmed by moving to Brentwood.

“The Browns might argue that Simpson’s off playing golf; he’s off on personal appearance trips--the idea that the children’s best interest is with a couple that’s there every day,� said Los Angeles family law attorney Sorrell Trope. But he added: “I don’t know that they can show he does all of these things.�

Also, the Browns reportedly are hoping that the wrongful death civil trial ends before the custody issue is decided, for if Simpson is found liable in the civil trial, it could be argued that he is an unfit parent.

The custody hearings have been closed under order of Family Court Commissioner Thomas H. Schulte. There also is a gag order on all parties in the case, extending to anyone who walks through the courtroom doors.

Sources familiar with the legal proceedings said that the Browns will try to establish a pattern of past wrongdoing by Simpson, such as domestic violence against his former wife, to show that he should not have custody of the children. In turn, the Browns will try to establish that they can provide a good homestead.

Simpson’s custody attorney, Bernard A. Leckie, declined comment, citing the gag order. But Trope said Simpson need not look far for his courtroom argument.

“The argument is something inherent in the law,� Trope said. “That it is in the best interest of the child to have maximum exposure to the natural parent.�

One source said Simpson already has given an indication as to what he will say.

“He’s a great dad. He’s got a great home environment,� the source said. “Even after the divorce [with Nicole], he saw the kids when he wanted to. There was a lot of cooperation between the two.

“She [Nicole] never thought he was bad for the kids,� the source added. “If that’s true, that’s pretty powerful evidence.�

Marjorie G. Fuller, a court-appointed attorney, will be in the courtroom to represent the children.

The case started with Schulte, but was transferred to Superior Court Judge Nancy Wieben Stock last month.

While the legal proceedings go on, the children are students at a private school in Laguna Beach where, according to the headmistress, they are doing well.