Frazier v. Goudschaal
Kansas Supreme Court
295 P.3d 542 (2013)
- Written by Rich Walter, JD
Facts
Kelly Goudschaal (defendant) was the biological mother of two children produced by artificial insemination. The coparenting agreement between Goudschaal and her same-sex partner, Marci Frazier (plaintiff), called Frazier a de facto parent and gave the two women equal rights and responsibilities for rearing the children, even in the event of a breakup in the women’s partnership. While the children were still quite young, Goudschaal left Frazier and took the children with her. Frazier sued to assert her parental rights under the coparenting agreement and Kansas’s version of the Uniform Parentage Act (UPA). The trial court found that Frazier had standing under the UPA and that the coparenting agreement was enforceable because it promoted the children’s best interests. The court awarded both women joint custody of the children, with Goudschaal having physical custody and Frazier guaranteed reasonable parenting time. Goudschaal appealed to the Kansas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Johnson, J.)
Concurrence (Biles, J.)
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