Current through 2024 Session Acts Chapter 111 and 2024 Special Session Acts Chapter 4
Section 23-3312 - [Prima facie case](a) Based on the petition described in K,S,A, 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. 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. 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. 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.Added by L. 2024, ch. 52,§ 8, eff. 7/1/2024.