(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. 2025 Supp. 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.
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