§ 23-3311 — Verified petition

(a) A nonparent shall verify a petition for vistitation under penalty of perjury and allege facts showing that the nonparent:
(1) Meets the requirements of a consistent caretaker of the child as described in K.S.A. 2024 Supp. 23-3308(b), and amendments thereto; or
(2) has a substantial relationship with the child as described in K.S.A. 2024 Supp. 23-3308(c), and amendments thereto, and denial of visitation would result in harm to the child.
(b) A petition under subsection (a) shall state the relief sought and allege specific facts showing:
(1) The duration and nature of the relationship between the nonparent and the child, including the period, if any, the nonparent lived with the child and the care provided;
(2) the content of any agreement between the parties to the proceeding regarding care of the child and custody of or visitation or other contact with the child;
(3) a description of any previous attempt by the nonparent to obtain visitation or other contact with the child;
(4) the extent to which the parent or person acting as a parent is willing to permit the nonparent to have visitation or other contact with the child;
(5) information about compensation or expectation of compensation provided to the nonparent in exchange for care of the child;
(6) information required to establish the jurisdiction of the court under the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto;
(7) the reason the requested visitation is in the best interest of the child, applying the factors in K.S.A. 2024 Supp. 23-3315, and amendments thereto; and
(8) if the nonparent alleges a substantial relationship with the child, the reason denial of visitation to the nonparent would result in harm to the child.
(c) If an agreement described in subsection (b)(2) is in a record, the nonparent shall attach a copy of the agreement to the petition.

Legislative History

L. 2024, ch. 52, § 7; July 1.