(a) On verified motion subject to subsection (c), the court may modify a final visitation order on a showing by a preponderance of the evidence that: (1) A material change in circumstance has occurred relevant to the visitation with the child; and (2) modification is in the best interest of the child. (b) Except as provided in subsection (c), if a nonparent has rebutted the presumption described in K.S.A. 2025 Supp. 23-3309, and amendments thereto, in an initial proceeding, the presumption remains rebutted. (c) On agreement of the parties, the court may modify a visitation order unless the court finds that the agreement is not in the best interest of the child.
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