(a) Based on the petition described in K.S.A. 2025 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. 2025 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. 2025 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. 2025 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.
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