Same-Sex Couples Have Enforceable Parenting and Property Rights In Kansas
It may not come as a surprise to most Kansas residents that the state banned same sex marriage in 2005. But it may be surprising to know that a recent Supreme Court of Kansas decision gives Kansas Courts jurisdiction to enforce co-parenting agreements and to make an equitable division of property between same-sex couples.
The landmark decision in Frazier v. Goudschaal, filed on February 22, 2013, grants same-sex couples certain assurances relating to property and parental rights, should their relationship unfortunately fail. In Frazier, the Supreme Court examined the long-time relationship of a same-sex couple that had two children via artificial insemination. The couple had previously executed a co-parenting agreement which addressed the contingency of a separation. In reaching its decision on custody and visitation, the Court reasoned the power of Kansas courts to protect the best interests of our children overrides any jurisdictional or other procedural arguments that might be present. While it is a little too soon to determine if the decision will draw much controversy, especially in a conservative state like Kansas, this case sets a precedent on how our courts will handle similar issues in the future and provides lawyers with guidance in previously unchartered waters.
If you have issues or concerns regarding any child custody or property dispute matter arising from a divorce or separation, you are encouraged to seek legal counsel to obtain a full understanding of your legal rights. Klenda Austerman LLC maintains a high-quality Divorce and Family Law Department. You can expect experienced and compassionate lawyers who have the ultimate goal of protecting both your property and personal interests. They understand that in most difficult family situations, clients often care most about the welfare of their children. For that reason, our lawyers, backed up by experienced legal staff that help ensure that every case is handled in a timely, efficient, and cost-friendly manner, will work one on one with you in obtaining an intimate knowledge of the facts and circumstances surrounding your case.
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