23-3307 - Scope.

23-3307. Scope. (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 or person acting as a parent . A visitation order entered before a parent or person acting as a parent was deployed remains in effect unless modified by the court.