The Kansas state legislature recently repealed the Kansas statute providing for grandparent and stepparent visitation rights, KSA 23-3301, and replaced it with the Uniform Nonparent Visitation Act (UNVA). The Act expands visitation rights to grandparents, stepparents and siblings of a child. However, the requirements of the Uniform Nonparent Visitation Act may be more difficult for a nonparent to prove.

The most notable difference between KSA 23-3301 and the UNVA is that the new law requires a nonparent to show that “[t]he denial of visitation would result in harm to the child.” This means there must be a “significant adverse effect on the child’s physical, emotional, or psychological well-being” if visitation is denied. This increased burden of proof may make it more challenging for nonparents to obtain visitation compared to the previous statute.

While this increased burden may make it more difficult for a nonparent to obtain visitation with a child, the UNVA also expands the criteria for nonparents. Instead of solely requiring proof of a substantial relationship with the child, the new law allows a nonparent to establish visitation by proving either: A) they are or have been a consistent caretaker within one year of filing the action, or B) a substantial relationship exists between them and the child. This additional route for proving eligibility offers broader possibilities for obtaining visitation.

Moreover, the UNVA introduces detailed criteria for proving a substantial relationship or caretaker role, which may add complexity to the process. Additionally, the new law requires the nonparent to plead over eight specific, detailed facts and apply all relevant custody factors in their petition for visitation.

While the new nonparent visitation law expands opportunities for court-ordered visitation with a child and a grandparent, stepparent or sibling, it also presents additional challenges by requiring more detailed proof than KSA 23-3301 required in the past. If you are a grandparent, stepparent or sibling seeking visitation with a child, you should speak with an experienced family law attorney to understand your options under the new law.

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