Grandparent Visitation Petition - Kansas

PETITION FOR GRANDPARENT VISITATION

(Kansas — Uniform Nonparent Visitation Act)

COURT CAPTION

Case No.: [____________]

Division: [____________]

PETITION FOR GRANDPARENT VISITATION UNDER THE KANSAS UNIFORM NONPARENT VISITATION ACT

I. PARTIES

1.1 Petitioner (Grandparent / Nonparent)

1.2 Co-Petitioner (Other Grandparent, if any)

1.3 Respondent(s) (Parent(s) / Person(s) Acting as Parent)

1.4 Minor Child(ren)

II. JURISDICTION AND VENUE

2.1 This Court has jurisdiction to determine visitation of the minor child(ren) under the Kansas Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), K.S.A. 23-37,101 et seq.

2.2 Kansas is the home state of the child(ren) because the child(ren) has/have lived in Kansas with a parent or person acting as a parent for at least six (6) consecutive months immediately before the commencement of this proceeding (or since birth, if the child is less than six months old).

☐ The child(ren) currently reside(s) in [COUNTY] County, Kansas.

2.3 Venue is proper in this Court under the UCCJEA and the Kansas Uniform Nonparent Visitation Act.

2.4 Other proceedings. (Required UCCJEA disclosure — check one):

☐ Petitioner knows of NO other proceeding concerning custody of or visitation with the child(ren).

☐ The following proceeding(s) concerning the child(ren) is/are pending or has/have been decided:

Court: [____________] Case No.: [____________] Type: [____________]

III. STATUTORY FRAMEWORK AND STANDING

3.1 Governing statute. Effective July 1, 2024, Kansas repealed its former grandparent-visitation statute (K.S.A. 23-3301) and enacted the Uniform Nonparent Visitation Act (2024 Kan. Sess. Laws ch. 52). A grandparent now seeks visitation as a "nonparent," which the Act expressly defines to include a grandparent.

3.2 Standing. Petitioner is a "nonparent" with standing to seek visitation. Petitioner is the grandparent of the minor child(ren), being the parent of [Respondent / the child's deceased parent / __________].

3.3 Statutory grounds (Act § 4). A court may order visitation to a nonparent only if the nonparent proves all of the following:

(a) Denial of visitation would result in harm to the child (defined as a significant adverse effect on the child's physical, emotional, or psychological well-being); AND

(b) The nonparent either:

☐ Is or has been a consistent caretaker of the child within one (1) year of initiating this action — meaning the nonparent, without expectation of compensation: (1) lived with the child for not less than twelve (12) months (unless the court finds good cause for a shorter period); (2) regularly exercised care of the child; (3) made day-to-day decisions regarding the child solely or with a person having physical custody; and (4) established a bonded and dependent relationship with the child with the express or implied consent of a parent (or without consent where no parent was able or willing to perform parenting functions); OR

☐ Has a substantial relationship with the child — meaning (1) Petitioner is related to the child by blood or law (or formed a relationship without expectation of compensation); (2) a significant emotional bond exists between Petitioner and the child from the child's point of view; and (3) Petitioner regularly exercised care of the child and established a bonded and dependent relationship with the child with parental consent (or where no parent was able or willing to perform parenting functions); AND

(c) An order of visitation is in the best interest of the child under the factors in Section IV below.

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. [Describe in detail the nature, duration, and quality of the relationship between Petitioner and the child(ren): how long Petitioner has known the child, time lived together, caregiving provided, holidays and milestones shared, financial or other support, and Petitioner's role in the child's upbringing.]

[____________________________________________________________]

[____________________________________________________________]

4.2 Care and consent. [State the period(s) Petitioner lived with or regularly cared for the child, whether a parent consented to that care, and whether any parent was unable or unwilling to perform parenting functions.]

[____________________________________________________________]

4.3 Circumstances leading to this Petition. [Describe when and how contact was reduced or denied, any reasons the parent(s) gave, informal attempts to resolve the matter, the content of any agreement regarding contact, and any prior request for visitation.]

[____________________________________________________________]

4.4 Harm from denial of visitation. [State specific facts showing that denial of visitation would result in a significant adverse effect on the child's physical, emotional, or psychological well-being — e.g., disruption of an established bonded relationship, loss of a primary caregiver, the child's expressed distress.]

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Parental rights; Troxel "special weight." Petitioner acknowledges that fit parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that under Troxel v. Granville, 530 U.S. 57 (2000), a fit parent's decision regarding nonparent contact is entitled to special weight.

5.2 Statutory presumption (Act § 5). Petitioner acknowledges the rebuttable presumption that a parent's (or person-acting-as-a-parent's) decision regarding a nonparent's request for visitation is in the child's best interest.

5.3 Burden of proof — clear and convincing evidence. Petitioner bears the burden of rebutting that presumption by clear and convincing evidence of the facts required by Act § 4 (harm, consistent-caretaker or substantial-relationship status, and best interest). Proof of unfitness of a parent is not required to rebut the presumption.

VI. BEST-INTEREST FACTORS (Act § 11)

Petitioner alleges that visitation is in the child's best interest, and in support states (check and complete all that apply):

☐ Relationship with the parent/person acting as a parent. The nature and extent of the child's relationship with the parent(s): [____________]

☐ Relationship with the nonparent. The nature and extent of the child's relationship with Petitioner: [____________]

☐ No risk-posing conduct. No past or present conduct by Petitioner (or anyone living with Petitioner) poses a risk to the child's physical, emotional, or psychological well-being.

☐ Effect on the parent-child relationship. The requested order will not adversely affect the relationship between the child and the parent(s): [____________]

☐ Statutory child-custody factors. The applicable factors under K.S.A. 23-3203 support visitation: [____________]

☐ Child's views. The child, considering age and maturity, [has expressed / is too young to express] a preference: [____________]

☐ Other factors affecting the child's best interest: [____________]

VII. REQUESTED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests the following reasonable visitation:

☐ Weekly: [days/times] [____________]

☐ Bi-weekly / Monthly: [____________]

☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Electronic and written contact. ☐ Telephone [frequency: ____] ☐ Video calls [frequency: ____] ☐ Mail/cards

7.4 Transportation and exchange. Petitioner will provide transportation and proposes exchanges at [____________]. (Note: under Act § 16, the expense of facilitating visitation, including transportation, is generally paid by the nonparent unless the court determines justice and equity require otherwise.)

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has pleaded a prima facie case and has standing as a nonparent under the Kansas Uniform Nonparent Visitation Act;

B. Set this matter for hearing and, if appropriate, appoint a guardian ad litem, order an evaluation, or refer the parties to mediation as authorized by Act § 10;

C. Find by clear and convincing evidence that denial of visitation would result in harm to the child, that Petitioner is a consistent caretaker or has a substantial relationship with the child, and that visitation is in the child's best interest;

D. Enter an order granting Petitioner reasonable visitation with the minor child(ren) on the schedule in Section VII, or as the Court deems just;

E. Grant Petitioner reasonable telephone, video, and written contact with the child(ren);

F. Order that visitation continue until modified by the Court under Act § 13; and

G. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

_________________________________
[PETITIONER NAME], Petitioner (Pro Se), or
[ATTORNEY NAME], KS Bar No. [______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

IX. VERIFICATION

STATE OF KANSAS, COUNTY OF [____________], ss:

I, [PETITIONER NAME], being first duly sworn, state under penalty of perjury that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated in it are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — My commission expires: [__________]

X. NOTICE TO RESPONDENT(S)

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you under the Kansas Uniform Nonparent Visitation Act. You have the right to file a written response (and a responding affidavit), to appear at any hearing, to be represented by an attorney, and to present evidence. If you fail to respond or appear, the Court may grant the relief requested. You should consult an attorney promptly.

XI. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this Petition (and accompanying notice) was served on each parent and person acting as a parent, and on each person having legal custody, residency, or parenting time with the child, as required by Act § 9 and Chapter 60, Article 3 of the Kansas Statutes Annotated, by:

☐ Personal service ☐ Restricted mail, return receipt requested ☐ Other: [____________]

Served upon: [NAME(S) AND ADDRESS(ES)] [____________________________________]

_________________________________
[NAME]

ATTACHMENTS

☐ UCCJEA jurisdictional information / affidavit
☐ Verified affidavit and supporting exhibits (photographs, correspondence, records of caregiving)
☐ Proposed visitation schedule
☐ Any prior court orders concerning the child(ren)
☐ Filing fee or fee-waiver (poverty affidavit)

SOURCES & REFERENCES

• Kansas Uniform Nonparent Visitation Act, 2024 Kan. Sess. Laws ch. 52 (HB 2675), eff. July 1, 2024 — definitions (§ 2), application (§ 3), grounds and harm/consistent-caretaker/substantial-relationship requirements (§ 4), presumption and clear-and-convincing burden (§ 5), petition and verification (§ 7), prima facie review (§ 8), notice (§ 9), best-interest factors (§ 11), disqualifying-conduct presumption (§ 12), modification (§ 13), costs (§ 16). [Verify the bound K.S.A. article/section numbers assigned to the Act.]
• Repealed: K.S.A. 23-3301 (former grandparent visitation; "substantial relationship" + best interest), repealed by 2024 Kan. Sess. Laws ch. 52, § 21.
• Kansas Uniform Child Custody Jurisdiction and Enforcement Act, K.S.A. 23-37,101 et seq.
• Troxel v. Granville, 530 U.S. 57 (2000) (fit parent's decision entitled to "special weight").
• In re M.V. (K.V. v. T.R.), 56 Kan. App. 2d 28 (2018); Schwarz v. Schwarz, 62 Kan. App. 2d 103 (interpreting the former statute under Troxel; relevant background pending case law under the new Act).

This Petition is provided for informational purposes only. Grandparent (nonparent) visitation law in Kansas changed substantially effective July 1, 2024. Consult a Kansas family law attorney and confirm current statutory section numbers and local district court rules before filing.