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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Based on the petition described in K.S.A. 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. 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. 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. 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.
Cite this article: FindLaw.com - Kansas Statutes Chapter 23. Kansas Family Law Code-Revised § 23-3312. Sufficiency of petition - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-23-kansas-family-law-code-revised/ks-st-sect-23-3312/
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.
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