Frazier v. GoudschaalAnnotate this Case
Defendant and Plaintiff were in a long-time, same-sex relationship, during which they had two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that addressed the contingency of a separation. After the couple separated, Defendant notified Plaintiff that she was taking the children to Texas. Plaintiff subsequently filed this action seeking to enforce the coparenting agreement. The district court's final order divided the parties' property, awarded the parties joint legal custody of the two children, designated Defendant as the residential custodian, established unsupervised parenting time for Plaintiff, and ordered Plaintiff to pay child support. The Supreme Court held (1) because the coparenting agreement was enforceable, the district court had the discretion to make appropriate orders addressing child custody, reasonable parenting time, and child support; (2) the evidence was insufficient to support the court's determination that its custody and parenting time orders were in the best interests of the children; and (3) the court should have conducted an asset-by-asset analysis under Eaton v. Johnson regarding division of the parties' property. Remanded.