23-3308. Requirements for order of visitation.

354 words·~2 min read·/ks/chapter-23/23-3308

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A court may order visitation to a nonparent only if the nonparent proves that:

(1)The denial of visitation would result in harm to the child;

(2)the nonparent:

(A)Is or has been a consistent caretaker as described in subsection

(b)within one year of the initiation of the action; or

(B)has a substantial relationship with the child as described in subsection (c); and

(3)an order of visitation to the nonparent is in the best interest of the child applying the factors in K.S.A. 2025 Supp. 23-3315 , and amendments thereto.

(b)A nonparent is a consistent caretaker if the nonparent, without expectation of compensation:

(1)Lived with the child for not less than 12 months, unless the court finds good cause to accept a shorter period;

(2)regularly exercised care of the child;

(3)made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and

(4)established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.

(c)A nonparent has a substantial relationship with the child if:

(1)The nonparent:

(A)Is an individual with a familiar relationship with the child by blood or law; or

(B)formed a relationship with the child without expectation of compensation;

(2)a significant emotional bond exists between the nonparent and the child from the child's point of view; and

(3)the nonparent:

(A)Regularly exercised care of the child; and

(B)established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.