Sufficiency of petition

23-3312. Sufficiency of petition. (a) Based on the petition described in K.S.A. 2025 Supp. 23-3311, and amendments thereto, the court shall determine whether the nonparent has pleaded a prima facie case that: (1) A denial of visitation would result in harm to the child; (2) the nonparent: (A) Is or has been a consistent caretaker, as described in K.S.A. 2025 Supp. 23-3308(b), and amendments thereto, during the year immediately preceding filing of the action; or (B) has a substantial relationship with the child, as described in K.S.A. 2025 Supp. 23-3308(c), and amendments thereto; 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) If the court determines that the nonparent has not pleaded a prima facie case, the court shall dismiss the petition. History: L. 2024, ch. 52, § 8; 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