23-3316. Presumption arising from child abuse, child abandoment, domestic violence, sex offense or stalking.
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23-3316. Presumption arising from child abuse, child abandoment, domestic violence, sex offense or stalking.
(a)The court shall presume that ordering visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent or an individual living with the nonparent has:
(1)Committed abuse of a child as described in K.S.A. 21-5602 , and amendments thereto;
(2)committed abandonment of a child or aggravated abandonment of a child as described in K.S.A. 21-5605 , and amendments thereto;
(3)committed a domestic violence offense as defined in K.S.A. 21-5111 , and amendments thereto;
(4)committed a sex offense described in article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto;
(5)committed stalking as described in K.S.A. 21-5427 , and amendments thereto;
(6)been subject to registration requirements under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto; or
(7)committed an offense or been subjected to a registration requirement in another state that is comparable to those described in paragraphs
(1)through (6).
(b)A finding that conduct described in subsection
(a)occurred shall be based on:
(1)Evidence of a conviction in a criminal proceeding or final judgment in a civil proceeding; or
(2)proof by a preponderance of the evidence.
(c)A nonparent may rebut the presumption described in subsection
(a)by proving by clear and convincing evidence that ordering visitation to the nonparent will not endanger the health, safety or welfare of the child and is in the best interest of the child.