Amending the uniform nonparent visitation act to modify the evidentiary standard for awarding visitation to a nonparent.

Session of 2025
HOUSE BILL No. 2356
By Committee on Judiciary
Requested by Representative Alcala on behalf of Diana Swafford
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AN ACT concerning the uniform nonparent visitation act; modifying the
evidentiary standard used to determine nonparent visitation rights;
amending K.S.A. 2024 Supp. 23-3308 and 23-3309 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 23-3308 is hereby amended to read as
follows: 23-3308. (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 be
unreasonable;
(2) the nonparent:
(A) Is or has been a consistent caretaker as described in subsection
(b) within one year two years 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. 2024 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
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(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.
Sec. 2. K.S.A. 2024 Supp. 23-3309 is hereby amended to read as
follows: 23-3309. (a) In an initial proceeding under this act, there is a
rebuttable presumption that a decision by a parent or person acting as a
parent regarding a request for visitation by a nonparent is in the best
interest of the child.
(b) Subject to K.S.A. 2024 Supp. 23-3317, and amendments thereto,
a nonparent has the burden to rebut the presumption described in
subsection (a) by clear and convincing substantial evidence of the facts
required by K.S.A. 2024 Supp. 23-3308(a), and amendments thereto. Proof
of unfitness of a parent or person acting as a parent is not required to rebut
the presumption described in subsection (a).
Sec. 3. K.S.A. 2024 Supp. 23-3308 and 23-3309 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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