23-3308 - Requirements for order of visitation.

23-3308. Requirements for order of visitation. (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 K.S.A. 2025 Supp. 23-3315, 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 or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a 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 or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.