Word: simpson
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Dates: during 1990-1999
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Common sense might dictate that the battle over Simpson's children would wait politely until the conclusion of the civil trial. For one thing, the simultaneous trials are forcing Simpson to shuttle back and forth between two courtrooms. For another, the custody trial (expected to last about five weeks) may conclude before a verdict in the civil trial--a verdict that could, one assumes, have a bearing on the issue of whether Simpson is a fit parent. "It is beyond comprehension that the custody court has seen fit to proceed now," says Martin Guggenheim, a family-law specialist...
...parent is high," says Trope. "It requires a showing to the court that it would be detrimental to be placed with that parent. The evidentiary standard is also more extreme, almost like a criminal case." The Browns will probably introduce evidence, supported by former friends of Nicole, that Simpson was a neglectful parent even before the murder, preferring the golf course to the school playground. Still, they face a daunting task...
Oddly, even if Simpson were to lose his civil case and be found responsible for his wife's death, the Browns are not assured of winning custody. Professor Elizabeth Bartholet of Harvard Law School points out that there have been cases in which people accused or even convicted of killing a spouse have been awarded custody of their surviving children. "Typically, legal standards require a finding of extreme unfitness," she says. "Unfortunately, it's not clear under this law that a finding that O.J. Simpson killed Nicole establishes unfitness...
Conversely, a favorable verdict for Simpson in the civil case would not automatically assure him of winning custody. "The court could still rather easily find that it is in the children's best interests that they remain with their grandparents," says Guggenheim. "They suffered a very significant trauma when they lost their mother. And the nurturing they were given by the caregivers in the weeks and months after her death was especially important to their development. Therefore, I would expect an expert to say that taking them away now from their grandparents would inflict new harm on them...
...Sydney in particular seems to be having emotional problems, and the custody court earlier this month ordered her to be examined by a psychiatrist, TIME has learned. On at least one occasion, the girl refused. Even without the media glare, this latest legal wrangle in the Simpson saga will undoubtedly exact a further psychic toll...