Chapter 23, KANSAS FAMILY LAW CODE-REVISED

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 subsectio…

23-3309. Presumption for parental decision. (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 …

23-3310. Commencement of proceeding; jurisdiction. A nonparent may commence a proceeding by filing a petition under K.S.A. 2025 Supp. 23-3311, and amendments thereto, in the court having jurisdiction to determine visitation under the uniform child custody jurisdiction and enforce…

23-3311. Verified petition. (a) A nonparent shall verify a petition for vistitation under penalty of perjury and allege facts showing that the nonparent: (1) Meets the requirements of a consistent caretaker of the child as described in K.S.A. 2025 Supp. 23-3308(b), and amendments…

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 n…

23-3313. Notice. On commencement of a proceeding under the act, the nonparent shall give notice as described in article 3 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, to each: (a) Parent or person acting as a parent of the child who is the subject of th…

23-3314. Appointment; interview of child; court services. In the manner and to the extent authorized by chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the court may do one or more of the following: (a) Appoint a guardian ad litem for the child; (b) interview…

23-3315. Best interest of a child. (a) When determining whether an order of visitation to a nonparent is in the best interest of a child, the court shall consider: (1) The nature and extent of the relationship between the child and the parent or person acting as a parent; (2) the…

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 …

23-3317. Modification of visitation. (a) On verified motion subject to subsection (c), the court may modify a final visitation order on a showing by a preponderance of the evidence that: (1) A material change in circumstance has occurred relevant to the visitation with the child;…

23-3318. Findings of fact and conclusions of law. When issuing a final order of visitation, the court shall make findings of fact and conclusions of law as required by K.S.A. 60-252, and amendments thereto, in support of its decision or, if the petition is dismissed pursuant to K…

23-3319. Notice to parent by nonparent required, when. (a) (1) A nonparent who is entitled to visitation with a child under this act shall give written notice to the parent or person acting as a parent if the nonparent: (A) Is subject to the registration requirements of the Kansa…

23-3320. Expense of facilitating visitation. (a) The expense of facilitating visitation, including the expense of transportation, shall be paid by the nonparent unless the court determines justice and equity require otherwise. (b) The nonparent shall pay for services ordered unde…

23-3321. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2024, ch. 52, § 17; July 1.

23-3322. Relation to electronic signatures in global and national commerce act. This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 …

23-3323. Transitional provision. This act applies to a proceeding: (a) Commenced before July 1, 2024, in which a final order has not been entered; and (b) commenced on or after July 1, 2024. History: L. 2024, ch. 52, § 19; July 1.

23-3324. Severability of provisions of act. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of applications of this act that can be given effect without the invalid provisions or applic…

23-3401. Expedited procedure. (a) The purpose of this section is to enhance the enforcement of court ordered child visitation rights and parenting time by establishing a simplified, expedited procedure to provide justice without necessitating the assistance of legal counsel. (b) …

23-3403. Orders; enforcement. (a) Any custody or parenting time order, or order relating to the best interests of a child, issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over any order under artic…

23-3501. Defined. Mediation under this section is the process by which a neutral mediator appointed by the court, or by a hearing officer, assists the parties in reaching a mutually acceptable agreement as to issues of child custody, residency, visitation, parenting time, divisio…

23-3502. When ordered; appointment and qualifications of mediator. (a) The court or hearing officer may order mediation of any contested issue of child custody, residency, visitation, parenting time, division of property or other issues, at any time, upon motion of a party or on …

23-3503. Duties of mediator. (a) A mediator appointed under K.S.A. 23-3502, and amendments thereto, shall: (1) Inform the parties of the costs of mediation; (2) advise the parties that the mediator does not represent either or both of the parties; (3) define and describe the proc…

23-3504. Termination of mediation. (a) At any time after the second mediation session, either party may terminate mediation ordered under K.S.A. 23-3502*. (b) The mediator shall terminate mediation whenever the mediator believes that: (1) Continuation of the process would harm or…

23-3505. Confidentiality. (a) A mediator appointed under K.S.A. 23-3502, and amendments thereto, shall treat all verbal or written information transmitted between any party to a dispute and a mediator conducting the proceeding, or the staff of an approved program under K.S.A. 5-5…

23-3506. Costs. The costs of any mediation ordered under K.S.A. 23-3502* shall be taxed to either or both parties as equity and justice require, unless the parties have reached a reasonable agreement as to payment of the costs. History: L. 1985, ch. 147, § 7; July 1. Source or Pr…

23-3507. Process. Case management under this act is the process by which a neutral case manager appointed by the court, or by a hearing officer in a proceeding pursuant to K.S.A. 23-3401, and amendments thereto, or through agreement by the parties, assists the parties by providin…

23-3508. When ordered; appointment of case manager; qualifications. (a) The court may order case management, when appropriate, of any contested issue of child custody or parenting time at any time, upon the motion of a party or on the court's own motion. A hearing officer in a pr…

23-3509. Case manager; duties; withdrawal; reassignment; recommendations. (a) A case manager appointed under K.S.A. 23-3508, and amendments thereto, shall: (1) Meet with the parties, and other individuals deemed appropriate; (2) gather information necessary to assist the parties …

23-3510. Counseling. (a) Family counseling. At any time prior or subsequent to the alteration of the parties' marital status the court may order that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other trained profession…

23-36,101. Citation of act. This act may be cited as the uniform interstate family support act. History: L. 1994, ch. 301, § 32; L. 1997, ch. 182, § 32; L. 2015, ch. 64, § 1; July 1. Source or Prior Law: 23-9,101, 23-9,902, 23-36,902. Law Review and Bar Journal References: "Chall…

23-36,102. Definitions. In this act: (a) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (…

23-36,103. State tribunal and support enforcement agency. (a) The courts are the tribunals of this state. (b) The department for children and families is the support enforcement agency of this state. History: L. 1994, ch. 301, § 34; L. 2015, ch. 64, § 3; July 1. Source or Prior L…

23-36,104. Remedies cumulative. (a) Remedies provided by this act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This act does not: (1) Provide the exclusive method of establi…

23-36,105. Application of act to resident of foreign country and foreign support proceeding. (a) A tribunal of this state shall apply parts 1 through 6 of this act and, as applicable, part 7 of this act, to a support proceeding involving: (1) A foreign support order; (2) a foreig…

23-36,201. Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conserva…

23-36,202. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to m…

23-36,203. Initiating and responding tribunal of state. Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.…

23-36,204. Simultaneous proceedings. (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if: (1) The petition or comparable pleading …

23-36,205. Continuing, exclusive jurisdiction to modify child support order. (a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the…

23-36,206. Continuing jurisdiction to enforce child support order. (a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the …

23-36,207. Determination of controlling child support order. (a) If a proceeding is brought under this act and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under this act, and two or…

23-36,208. Child support orders for two or more obligees. In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued…

23-36,209. Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal …

23-36,210. Application of act to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this act, under other law of this state relating to a support order, or recognizing a foreign support …

23-36,211. Continuing, exclusive jurisdiction to modify spousal support order. (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of…

23-36,301. Proceedings under act. (a) Except as otherwise provided in this act, K.S.A. 23-36,301 through 23-36,319, and amendments thereto, apply to all proceedings under this act. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized u…

23-36,302. Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. History: L. 1994, ch. 301, § 45; July 1. Source or Prior Law: 23-9,302.

23-36,303. Application of law of state. Except as otherwise provided in this act, a responding tribunal of this state shall: (a) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide …

23-36,304. Duties of initiating tribunal. (a) Upon the filing of a petition authorized by this act, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the resp…

23-36,305. Duties and powers of responding tribunal. (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to K.S.A. 23-36,301(b), and amendments thereto, it shall cause the petition or pleading to…