Kansas § 23-3312 Sufficiency of petition

Kansas Statutes

§ 23-3312 — Sufficiency of petition

Kansas § 23-3312

Ch. 23KANSAS FAMILY LAW CODE

Art. 33NONPARENT VISITATION

This text of Kansas § 23-3312 (Sufficiency of petition) 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. § 23-3312 (2026).

Text

(a)Based on the petition described in K.S.A. 2024 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. 2024 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. 2024 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. 2024 Supp. 23-3315, and amendments thereto.

(b)If the court determines that the nonparent has not pleaded a prima facie case, the

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(a) Based on the petition described in K.S.A. 2024 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. 2024 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. 2024 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. 2024 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.