Kansas § 23-3309 Presumption for parental decision

Kansas Statutes

§ 23-3309 — Presumption for parental decision

Kansas § 23-3309

Ch. 23KANSAS FAMILY LAW CODE

Art. 33NONPARENT VISITATION

This text of Kansas § 23-3309 (Presumption for parental decision) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 23-3309 (2026).

Text

(a)In an initial proceeding under this act, there is a rebuttable presumption that a decision by a parent or person acting as a parent regarding a request for visitation by a nonparent is in the best interest of the child.

(b)Subject to K.S.A. 2024 Supp. 23-3317, and amendments thereto, a nonparent has the burden to rebut the presumption described in subsection (a) by clear and convincing evidence of the facts required by K.S.A. 2024 Supp. 23-3308(a), and amendments thereto. Proof of unfitness of a parent or person acting as a parent is not required to rebut the presumption described in subsection (a).

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(a) In an initial proceeding under this act, there is a rebuttable presumption that a decision by a parent or person acting as a parent regarding a request for visitation by a nonparent is in the best interest of the child.
(b) Subject to K.S.A. 2024 Supp. 23-3317, and amendments thereto, a nonparent has the burden to rebut the presumption described in subsection (a) by clear and convincing evidence of the facts required by K.S.A. 2024 Supp. 23-3308(a), and amendments thereto. Proof of unfitness of a parent or person acting as a parent is not required to rebut the presumption described in subsection (a).