The bill amends the uniform nonparent visitation act in Kansas, specifically modifying the evidentiary standard for determining nonparent visitation rights. It revises K.S.A. 2024 Supp. 23-3308 to allow a court to order visitation to a nonparent if the nonparent demonstrates that the denial of visitation would be unreasonable, rather than resulting in harm to the child. Additionally, the timeframe for being a consistent caretaker is extended from one year to two years, and the criteria for establishing a substantial relationship with the child are clarified.

Furthermore, K.S.A. 2024 Supp. 23-3309 is amended to establish a rebuttable presumption that a parent's decision regarding nonparent visitation is in the child's best interest. The burden of proof for the nonparent is changed from "clear and convincing" evidence to "substantial" evidence, allowing for a more accessible standard to challenge the parent's decision. The bill also repeals the existing sections of K.S.A. 2024 Supp. 23-3308 and 23-3309, indicating a comprehensive update to the visitation rights framework for nonparents.

Statutes affected:
As introduced: 23-3308, 23-3309