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, the bill amends K.S.A. 2024 Supp. 23-3309 by changing the burden of proof for nonparents seeking visitation. The requirement for nonparents to rebut the presumption that a parent's decision regarding visitation is in the child's best interest is modified from "clear and convincing" evidence to "substantial" evidence. This change aims to make it easier for nonparents to establish their visitation rights without needing to prove parental unfitness. The existing sections of K.S.A. 2024 Supp. 23-3308 and 23-3309 are repealed, and the act will take effect upon publication in the statute book.

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