Skip to main content
Find a Lawyer

Kansas Statutes Chapter 23. Kansas Family Law Code-Revised § 23-3308. Requirements for order of visitation

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A court may order visitation to a nonparent only if the nonparent proves that:

(1) The denial of visitation would result in harm to the child;

(2) the nonparent:

(A) Is or has been a consistent caretaker as described in subsection (b) within one year of the initiation of the action; or

(B) has a substantial relationship with the child as described in subsection (c); and

(3) an order of visitation to the nonparent is in the best interest of the child applying the factors in K.S.A. 23-3315, and amendments thereto.

(b) A nonparent is a consistent caretaker if the nonparent, without expectation of compensation:

(1) Lived with the child for not less than 12 months, unless the court finds good cause to accept a shorter period;

(2) regularly exercised care of the child;

(3) made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and

(4) established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.

(c) A nonparent has a substantial relationship with the child if:

(1) The nonparent:

(A) Is an individual with a familiar relationship with the child by blood or law; or

(B) formed a relationship with the child without expectation of compensation;

(2) a significant emotional bond exists between the nonparent and the child from the child's point of view; and

(3) the nonparent:

(A) Regularly exercised care of the child; and

(B) established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Kansas Statutes Chapter 23. Kansas Family Law Code-Revised § 23-3308. Requirements for order of visitation - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-23-kansas-family-law-code-revised/ks-st-sect-23-3308/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard