§ 23-3312 — Sufficiency of petition

(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.

Legislative History

L. 2024, ch. 52, § 8; July 1.