Mother's Telling Children She Thinks Thor Actor Chris Hemworth Is Their "Spiritual Father" Didn't Preclude Award of Custody to Her

"There was also evidence presented regarding Liza's alleged delusional thinking and hallucinations. Eli testified that Liza told him Kenneth was his physical father, but actor Chris Hemsworth was his spiritual father. Eli also testified that for years Liza had talked about having another daughter someday, whom she would name Phoebe, and Hemsworth would be the father. Brigham testified that Liza told him she believed Hemsworth was the children's father." Plus unschooling, unbathing, and more.

A short excerpt from the long opinion in Trent v. Trent, decided today by Nebraska Court of Appeals Judge Michael Pirtle, joined by Judges Lawrence Welch and PaTricia Freeman; the court affirmed the trial court's grant of custody to the mother (Liza):

Kenneth and Liza were married in June 2004 in the state of Washington. The parties had six children: Kyryi, born in 2005; Eli, born in 2006; Lailah, born in 2007; Levi, born in 2009, Brigham, born in 2011; and Cal, born in 2013….

Although Kenneth lists multiple reasons in his two assignments of error as to why Liza should not be awarded custody, he only specifically argues a few of them. Kenneth first argues that Liza had neglected the children's education by using the unschooling method to home school the children. {The method is an unstructured, child-driven education process where the children decide what to study and develop their own study strategies. There are no grades and no tests.} {During the divorce proceedings, Kenneth asked that the children be required to take independent testing to determine where they stood in their peer group with regard to their education. Liza testified that all the children, except Levi, tested either equivalent to or above their respective peer group. Kenneth would not admit at trial that with the exception of Levi, all of the children scored at least consistent with their peer group. He stated, "That's not how I read the test results."}

However, the court awarded the parties joint legal custody on the issue of education and gave Kenneth final decision-making authority as to home schooling or public/private school attendance. Therefore, the court essentially resolved Kenneth's concern regarding the children's education.

Kenneth next argues Liza should not have custody because of her parenting approach to personal hygiene, as well as the unkept condition of her home. Regarding hygiene, there was evidence that the children do not bathe in the traditional sense that most people do. The children do not shower or take baths on a regular basis, but, rather, they spot clean themselves and only bathe when they are dirty or have body odor. Similarly, the children do not brush their teeth on a daily basis, but, rather, only when they feel their teeth are dirty.

Regarding the condition of Liza's home, [court-ordered family counselor Theodore] DeLaet noted from his home visit that Liza's dining room had essentially been converted into a rabbit pen, Lailah's room also had a rabbit pen and stained carpet, and Cal's room smelled of body odor. Liza also pointed out various home repairs that needed to be made, but she could not afford them. DeLaet also observed that Liza and the children did not interact as a family during his visit.

As the district court found, Liza has an "unconventional approach" to parenting, but that the children were "intelligent, mannerly and personable." We agree that a "non-traditional" parent does not necessarily equate to an unfit parent. There was no evidence that Liza's approach to parenting, specifically hygiene, or the condition of the home, was harmful or dangerous to the children.

Kenneth also argues that Liza's delusional thinking and hallucinations make her unfit to have custody. There was evidence that Liza believed Hemsworth was her "soulmate" or "spiritual father" and she had spoken to the children about this belief. Although believing in soulmates and spiritual connections might be unusual, it does not mean Liza is delusional or suffering from hallucinations as Kenneth claims. There was no evidence presented that Liza's spiritual beliefs damaged or negatively impacted the children or negatively impacted Liza's ability to parent. Kenneth argues there was evidence that the children have mental health issues, but none of the children have been diagnosed by a professional with any mental health concerns.

We further find that the relationship of the children with each parent, as well as the children's preferences, weigh heavily in this case. Liza has been the children's primary caregiver throughout their lives, as well as their educator. The evidence was clear that Lailah, Levi, and Brigham had a good relationship and strong bond with Liza. Lailah testified that she felt comfortable talking to Liza and sharing her feelings with her. Levi testified that he had a great relationship with Liza. Brigham testified he and his mother have a good relationship and communicate well.

The evidence showed that Kenneth did not have a good relationship with Lailah, Levi, and Brigham even before the dissolution of marriage proceedings began. Lailah testified that Kenneth is manipulative and emotionally toxic. She also testified that he had sexually abused her and that she never wanted to see him again. Levi testified that Kenneth makes him tense and nervous and if he had a choice, he would never see him again. Brigham testified that he does not view Kenneth as a father figure and hoped one day he would never have contact with him again.

When Kenneth moved out, he asked the children to come with him. He testified that he believed it was better to let the children decide which parent they wanted to live with, rather than to try to force them to move with him. Only Eli chose to move with him. The other five minor children at the time stayed with Liza. Lailah, Levi, and Brigham also testified that it was their preference to live with Liza. Based on their testimony, their desires and wishes were of sound reasoning and should be considered. Cal did not testify as he was only around 10 years old at time of trial.

The district court heard all the evidence and observed the witnesses, including the children who testified. Under our standard of review previously noted, where evidence is in dispute, we may give weight to the fact that the fact finder heard and observed the witnesses and accepted one version of the facts rather than another. See Seemann v. Seemann, 318 Neb. 643, 18 N.W.3d 118 (2025). Here, we give such weight to the district court's determination and conclude that it did not abuse its discretion in awarding Liza primary legal and physical custody of Lailah, Levi, Brigham, and Cal….

The court also upheld the decision that "Kenneth was not to have parenting time with Lailah [born in 2007] unless her therapist recommended it. When and if Lailah's therapist recommended parenting time, it was to be supervised, and subject to the terms specified by the therapist, unless and until the therapist recommends unsupervised parenting time":

Kenneth … argues that the unfounded allegations of sexual abuse should not be held against him, which he claims the court was doing by denying him parenting time with Lailah. We determine the court was not holding the allegations against him but, rather, was taking the evidence of abuse into consideration when determining what was in Lailah's best interests. The one constant is that the child's best interests are always the standard by which any custody or parenting time determination is made. Lailah testified that she told Liza a few months after Kenneth moved out that he had abused her. Lailah stated she started remembering the abuse after Kenneth left the home. She was scared of him and did not want to ever see him again. Lailah also told DeLaet about the abuse. DeLaet's report states that even after no charges were brought against Kenneth, Lailah "remained steadfast in her belief that she is a trauma victim with her father being the perpetrator."

The district court stated that it took into account the allegations of abuse made by Kyryi and Lailah against Kenneth and approved a parenting plan that addressed the issue of abuse as it pertained to Lailah as required by law. We conclude that the district court took Lailah's best interests into account when making a decision about her parenting time with Kenneth.

Haley L. Cannon and Brent M. Kuhn represent Liza. Thanks to James Creigh for the pointer.