23-3312 - Sufficiency of petition.

23-3312. Sufficiency of petition. (a) Based on the petition described in K.S.A. 2025 Supp. 23-3311, and amendments thereto, the court shall determine whether the nonparent has pleaded a prima facie case that:

(1) A denial of visitation would result in harm to the child;

(2) the nonparent:

(A) Is or has been a consistent caretaker, as described in K.S.A. 2025 Supp. 23-3308(b), and amendments thereto, during the year immediately preceding filing of the action; or

(B) has a substantial relationship with the child, as described in K.S.A. 2025 Supp. 23-3308(c), and amendments thereto; 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) If the court determines that the nonparent has not pleaded a prima facie case, the court shall dismiss the petition.