Kansas 2025-2026 Regular Session

Kansas House Bill HB2356 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2356
3	3	By Committee on Judiciary
4	4	Requested by Representative Alcala on behalf of Diana Swafford
5	5	2-7
6	6	AN ACT concerning the uniform nonparent visitation act; modifying the
7	7	evidentiary standard used to determine nonparent visitation rights;
8	8	amending K.S.A. 2024 Supp. 23-3308 and 23-3309 and repealing the
9	9	existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2024 Supp. 23-3308 is hereby amended to read as
12	12	follows: 23-3308. (a) A court may order visitation to a nonparent only if
13	13	the nonparent proves that:
14	14	(1) The denial of visitation would result in harm to the child be
15	15	unreasonable;
16	16	(2) the nonparent:
17	17	(A) Is or has been a consistent caretaker as described in subsection
18	18	(b) within one year two years of the initiation of the action; or
19	19	(B) has a substantial relationship with the child as described in
20	20	subsection (c); and
21	21	(3) an order of visitation to the nonparent is in the best interest of the
22	22	child, applying the factors in K.S.A. 2024 Supp. 23-3315, and
23	23	amendments thereto.
24	24	(b) A nonparent is a consistent caretaker if the nonparent, without
25	25	expectation of compensation:
26	26	(1) Lived with the child for not less than 12 months, unless the court
27	27	finds good cause to accept a shorter period;
28	28	(2) regularly exercised care of the child;
29	29	(3) made day-to-day decisions regarding the child solely or in
30	30	cooperation with an individual having physical custody of the child; and
31	31	(4) established a bonded and dependent relationship with the child
32	32	with the express or implied consent of a parent or person acting as a parent
33	33	of the child or without the consent of a parent or person acting as a parent
34	34	if no parent or person acting as a parent has been able or willing to
35	35	perform parenting functions.
36	36	(c) A nonparent has a substantial relationship with the child if:
37	37	(1) The nonparent:
38	38	(A) Is an individual with a familiar relationship with the child by
39	39	blood or law; or
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74	74	35 HB 2356 2
75	75	(B) formed a relationship with the child without expectation of
76	76	compensation;
77	77	(2) a significant emotional bond exists between the nonparent and the
78	78	child from the child's point of view; and
79	79	(3) the nonparent:
80	80	(A) Regularly exercised care of the child; and
81	81	(B) established a bonded and dependent relationship with the child
82	82	with the express or implied consent of a parent or person acting as a parent
83	83	of the child or without the consent of a parent or person acting as a parent
84	84	if no parent or person acting as a parent has been able or willing to
85	85	perform parenting functions.
86	86	Sec. 2. K.S.A. 2024 Supp. 23-3309 is hereby amended to read as
87	87	follows: 23-3309. (a) In an initial proceeding under this act, there is a
88	88	rebuttable presumption that a decision by a parent or person acting as a
89	89	parent regarding a request for visitation by a nonparent is in the best
90	90	interest of the child.
91	91	(b) Subject to K.S.A. 2024 Supp. 23-3317, and amendments thereto,
92	92	a nonparent has the burden to rebut the presumption described in
93	93	subsection (a) by clear and convincing substantial evidence of the facts
94	94	required by K.S.A. 2024 Supp. 23-3308(a), and amendments thereto. Proof
95	95	of unfitness of a parent or person acting as a parent is not required to rebut
96	96	the presumption described in subsection (a).
97	97	Sec. 3. K.S.A. 2024 Supp. 23-3308 and 23-3309 are hereby repealed.
98	98	Sec. 4. This act shall take effect and be in force from and after its
99	99	publication in the statute book.
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