Requirements for order of visitation

23-3308. Requirements for order of visitation. (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. History: L. 2024, ch. 52, § 4; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026