The Kansas Supreme Court set a new precedent by ruling that the non-biological parent of children in a same-sex union can have the same parental rights as the biological parent.
Alas, the ruling came out of depressing circumstances: a custody dispute involving ex-partners Kelly Goudschaal and Marci Frazier, and their two young daughters. After Goudschaal gave birth to the girls, she and Frazier signed a co-parenting agreement that protected Frazier’s relationship with them.
But when their relationship fell apart, Goudschaal limited Frazier’s access to the kids and then moved to Texas with them.
On Friday Judge Kevin Moriarty ruled that Goudschaal had to honor the agreement. Frazier will have “reasonable” access to her daughters, now 8 and 10, and pay monthly child support.
Ironically, Goudschaal tried to argue that because same-sex relationships were not recognized in the state, the parenting agreement was unenforceable under Kansas law. But Judge Moriarty wasn’t biting.