Kansas § 23-3309 Presumption for parental decision

Kansas Statutes

§ 23-3309 — Presumption for parental decision

Kansas·Ch. 23 KANSAS FAMILY LAW CODE·Art. 33 NONPARENT VISITATION

(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).

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