Appeals court overturns decision granting Simpson custody of his children, opening the door to new custody hearing

Nov. 11 (Court TV) -- Claiming that a lower court judge should have considered evidence in Nicole Brown Simpson's murder, an appeals court reversed a 1996 decision granting O.J. Simpson custody of his children and ordered a new custody hearing.

In its Nov. 10 ruling, the 4th District Court of Appeals said Superior Court Judge Nancy Wieben Stock should have considered evidence that Simpson killed his children's mother before granting him custody. The court also felt that Judge Wieben Stock should have focused on evidence of domestic abuse in the Simpson marriage.

A Court of Appeals panel says O.J. Simpson should not have been awarded custody of his children while his wrongful death suit was still in court.

"The grisly circumstances of the murder itself simply could not be ignored, even if consideration of them would have taken some time," the justices wrote in their 3-0 decision. "As a matter of case law, as well as common sense, the question of whether one parent has actually murdered the other is about as relevant as it is possible to imagine."

The appeals court also ordered the lower court to consider Simpson's violent tendencies, its effect on his children, and how separation from their father would affect the children. When Judge Wieben Stock granted Simpson custody of Sydney, 12, and Justin, 10, the former football great was still in the middle of a wrongful death suit filed by the families of his ex-wife Nicole and Ronald Goldman.

[ Read Judge Wieben Stock's original child custody ruling]

[ Read the appeals court's decision]

[ O.J. talks to Court TV, suggests joint custody]

Simpson, who was acquitted of the murders in his criminal trial, was found liable for the deaths of Nicole and Goldman and ordered to pay the bereaved families $33.5 million. The appeal court decided Judge Wieben Stock should have waited for the outcome of the civil trial before making her decision.

Simpson vowed to fight the appeals court's decision. He said that the people are letting their opinions of him jeopardize the welfare of his children.

Watch Court TV's selection of highlights from California v. Simpson.

"The bottom line is there are people out there who think their opinion of me is going to supersede the well-being of my kids," Simpson said. "My only interest is the well-being of my kids."

Marjorie Fuller, who represents the Simpson children, said Justin and Sydney are "very disappointed" with the ruling. Justin and Sydney will likely remain with their father until the custody issue is resolved. Simpson is expected to request another hearing or appeal the latest ruling to state Supreme Court within 30 days.

In oral arguments in August, lawyers for Louis and Juditha Brown argued that Simpson should not have custody of his children because he was found liable for the slayings in the wrongful death civil suit. Following the murder of their mother, Justin and Sydney Simpson lived with the Browns for more than a year.

[ Discuss the case ]

In a custody battle fought in December 1996, Judge Wieben Stock ruled that the Browns had failed to prove that Simpson would be detrimental to Justin and Sydney and reunited the children with their father. But in September 1997, the Browns appealed the judge's custody ruling to the California 4th District Court of Appeals.

The Associated Press contributed to this report.