Session of 2024
HOUSE BILL No. 2675
By Committee on Judiciary
Requested by Laura Nordgren on behalf of the Kansas Judicial Council
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AN ACT concerning children and minors; enacting the uniform nonparent
visitation act; removing provisions related to grandparent and
stepparent visitation rights; repealing K.S.A. 23-3301, 23-3302, 23-
3303 and 23-3304.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 20, and amendments thereto, shall be
known and may be cited as the uniform nonparent visitation act.
Sec. 2. As used in this act:
(a) "Child" means an unemancipated individual who is less than 18
years of age.
(b) "Compensation" means wages or other remuneration paid in
exchange for care of a child. "Compensation" does not include
reimbursement of expenses for care of the child, including payment for
food, clothing and medical expenses.
(c) "Consistent caretaker" means a nonparent who meets the
requirements of section 4(b), and amendments thereto.
(d) "Custody" means physical custody, legal custody or both.
(e) "Harm to a child" means significant adverse effect on a child's
physical, emotional or psychological well-being.
(f) "Legal custody" means the right to make significant decisions
regarding a child, including decisions regarding a child's education,
healthcare and scheduled activity.
(g) "Nonparent" means an individual, other than a parent or person
acting as a parent of a child. "Nonparent" includes a grandparent, sibling
or stepparent of a child.
(h) "Parent" means an individual recognized as a parent under the
laws of Kansas.
(i) "Person" means an individual, estate, business or nonprofit entity,
public corporation, government or governmental subdivision, agency,
instrumentality or other legal entity.
(j) "Person acting as a parent" means a person, other than a parent,
who:
(1) Has physical custody of the child or has had physical custody for
a period of six consecutive months, including any temporary absence,
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within one year immediately preceeding the commencement of a child
custody proceeding; and
(2) has been awarded legal custody by a court or claims a right to
legal custody under the laws of Kansas.
(k) "Physical custody" means living with a child and exercising day-
to-day care of the child.
(l) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(m) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any territory or
insular possession subject to the jurisdiction of the United States. "State"
includes a federally recognized Indian tribe.
(n) "Substantial relationship with the child" means a relationship
between a nonparent and child that meets the requirements of section 4(c),
and amendments thereto.
(o) "Visitation" means the right to spend time with a child who is
living with another person and may include an overnight stay.
Sec. 3. (a) Except as provided in subsection (b), this act applies to a
proceeding in which a nonparent seeks visitation, including proceedings in
which the child has a guardian pursuant to article 30 of chapter 59 of the
Kansas Statutes Annotated, and amendments thereto, or a permanent
custodian pursuant to article 22 of chapter 38 of the Kansas Statutes
Annotated, and amendments thereto.
(b) This act does not apply to a proceeding:
(1) Between nonparents, unless a parent or person acting as a parent
is a party to the proceeding;
(2) pertaining to visitation with an Indian child as defined in the
Indian child welfare act of 1978, 25 U.S.C. § 1903(4), to the extent the
proceeding is governed by the Indian child welfare act of 1978, 25 U.S.C.
§§ 1901 through 1963; and
(3) pertaining to a child who is the subject of an ongoing proceeding
under article 22 of chapter 38 of the Kansas Statutes Annotated, and
amendments thereto, or a substantially similar proceeding in another state.
(c) A nonparent shall not maintain a proceeding under this act for
visitation with a child solely because the nonparent served as a foster
parent of the child.
(d) An individual whose parental rights concerning a child have been
terminated shall not maintain a proceeding under this act concerning such
child.
(e) Relief under this act is not available during the period of a
visitation order entered under K.S.A. 23-3217, and amendments thereto, or
other order related to visitation with a child of a deployed parent. A
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visitation order entered before a parent was deployed remains in effect
unless modified by the court.
Sec. 4. (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 section 11, 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 of the child or without the
consent of a parent if no 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 of the child or without the
consent of a parent if no parent has been able or willing to perform
parenting functions.
Sec. 5. (a) In an initial proceeding under this act, there is a rebuttable
presumption that a decision by a parent regarding a request for visitation
by a nonparent is in the best interest of the child.
(b) Subject to section 13, and amendments thereto, a nonparent has
the burden to rebut the presumption described in subsection (a) by clear
and convincing evidence of the facts required by section 4(a), and
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amendments thereto. Proof of unfitness of a parent is not required to rebut
the presumption described in subsection (a).
Sec. 6. A nonparent may commence a proceeding by filing a petition
under section 7, and amendments thereto, in the court having jurisdiction
to determine visitation under the uniform child custody jurisdiction and
enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments
thereto.
Sec. 7. (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 section 4(b), and amendments thereto; or
(2) has a substantial relationship with the child as described in section
4(c), and amendments thereto, and denial of visitation would result in
harm to the child.
(b) A petition under subsection (a) shall state the relief sought and
allege specific facts showing:
(1) The duration and nature of the relationship between the nonparent
and the child, including the period, if any, the nonparent lived with the
child and the care provided;
(2) the content of any agreement between the parties to the
proceeding regarding care of the child and custody of or visitation or other
contact with the child;
(3) a description of any previous attempt by the nonparent to obtain
visitation or other contact with the child;
(4) the extent to which the parent is willing to permit the nonparent to
have visitation or other contact with the child;
(5) information about compensation or expectation of compensation
provided to the nonparent in exchange for care of the child;
(6) information required to establish the jurisdiction of the court
under the uniform child custody jurisdiction and enforcement act, K.S.A.
23-37,101 through 23-37,405, and amendments thereto;
(7) the reason the requested visitation is in the best interest of the
child, applying the factors in section 11, and amendments thereto; and
(8) if the nonparent alleges a substantial relationship with the child,
the reason denial of visitation to the nonparent would result in harm to the
child.
(c) If an agreement described in subsection (b)(2) is in a record, the
nonparent shall attach a copy of the agreement to the petition.
Sec. 8. (a) Based on the petition described in section 7, 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:
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(A) Is or has been a consistent caretaker, as described in section 4(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
section 4(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 section 11, and amendments thereto.
(b) If the court determines that the nonparent has not pleaded a prima
facie case, the court shall dismiss the petition.
Sec. 9. 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 of the child who is the subject of the proceeding;
(b) person having custody of the child;
(c) individual having court-ordered visitation with the child; and
(d) attorney, guardian ad litem or similar representative appointed for
the child.
Sec. 10. 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 the child if such child is of sufficient age and maturity;
(c) require the parties to participate in mediation or another form of
alternative dispute resolution, except that a party who has been the victim
of a domestic violence offense, as defined in K.S.A. 21-5111, and
amendments thereto, a sex offense described in article 55 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, stalking as
described in K.S.A. 21-5427, and amendments thereto, or other offense
committed by another party to the proceeding shall not be required to
participate unless reasonable procedures are in place to protect the party
from a risk of harm, harassment or intimidation; or
(d) order an evaluation, investigation or other assessment of the
child's circumstances and the effect on the child of ordering or denying the
requested visitation or modifying a visitation order.
Sec. 11. (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;
(2) the nature and extent of the relationship between the child and the
nonparent;
(3) past or present conduct by a party or individual living with a party
that poses a risk to the physical, emotional or psychological well-being of
the child;
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(4) the likely impact of the requested order on the relationship
between the child and the parent;
(5) the applicable factors in K.S.A. 23-3203, and amendments
thereto; and
(6) any other factor affecting the best interest of the child.
(b) The court may consider the views of the child, taking into account
the age and maturity of the child.
Sec. 12. (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 with the nonparent has:
(1) Committed abuse of a child as described in K.S.A. 21-5602, and
amendments thereto;
(2) committed abandonment of a child or aggravated abandonment of
a child as described in K.S.A. 21-5605, and amendments thereto;
(3) committed a domestic violence offense as defined in K.S.A. 21-
5111, and amendments thereto;
(4) committed a sex offense described in article 55 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto;
(5) committed stalking as described in K.S.A. 21-5427, and
amendments thereto;
(6) been subject to registration requirements under the Kansas
offender registration act, K.S.A. 22-4901 et seq., and amendments thereto;
or
(7) committed an offense or been subjected to a registration
requirement in another state that is comparable to those described in
paragraphs (1) through (6).
(b) A finding that conduct described in subsection (a) occurred shall
be based on:
(1) Evidence of a conviction in a criminal proceeding or final
judgment in a civil proceeding; or
(2) proof by a preponderance of the evidence.
(c) A nonparent may rebut the presumption described in subsection
(a) by proving by clear and convincing evidence that ordering visitation to
the nonparent will not endanger the health, safety or welfare of the child
and is in the best interest of the child.
Sec. 13. (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; and
(2) modification is in the best interest of the child.
(b) Except as provided in subsection (c), if a nonparent has rebutted
the presumption described in section 5, and amendments thereto, in an
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initial proceeding, the presumption remains rebutted.
(c) On agreement of the parties, the court may modify a visitation
order unless the court finds that the agreement is not in the best interest of
the child.
Sec. 14. 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 section 8, and amendments thereto, or a motion for
modification is denied pursuant to section 13, and amendments thereto,
state the reasons for the dismissal or denial.
Sec. 15. (a) (1) A nonparent who is entitled to visitation with a child
under this act shall give written notice to the parent if the nonparent:
(A) Is subject to the registration requirements of the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any
comparable registration requirements of another jurisdiction;
(B) has been convicted of abuse of a child as described in K.S.A. 21-
5602, and amendments thereto; or
(C) is residing with an individual who is known by the nonparent to
be subject to the registration requirements or convicted as described in
subparagraphs (A) or (B).
(2) The notice described in this subsection shall be sent by restricted
mail, return receipt requested, to the last known address of the parent
within 14 days following knowledge of an event described in paragraph
(1).
(b) Failure to give notice as required in this section is an indirect civil
contempt punishable as provided by law. The court may order the
nonparent required to give notice to pay reasonable attorney fees and any
other expenses incurred by the parent as a result of the failure to give
notice.
(c) An event described in subsection (a)(1) may be considered a
material change of circumstances that justifies modification of a prior
order of visitation.
Sec. 16. (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 under section 10,
and amendments thereto, unless the court determines that justice and
equity require otherwise.
(c) Costs and reasonable attorney fees shall be awarded to the parent
or person acting as a parent unless the court determines that justice and
equity require otherwise.
Sec. 17. In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with respect to
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its subject matter among states that enact it.
Sec. 18. 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
U.S.C. § 7001(c), or authorize electronic delivery of any of the notices
described in section 103(b) of that act, 15 U.S.C. § 7003(b).
Sec. 19. 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.
Sec. 20. 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 application, and to this end the provisions of this act are
severable.
Sec. 21. K.S.A. 23-3301, 23-3302, 23-3303 and 23-3304 are hereby
repealed.
Sec. 22. This act shall take effect and be in force from and after its
publication in the statute book.
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