1. (a) A court may order visitation to a nonparent only if the nonparent proves that:

   1. (1) The denial of visitation would result in harm to the child;

   2. (2) the nonparent:

      1. (A) Is or has been a consistent caretaker as described in subsection (b) within one year of the initiation of the action; or
      2. (B) has a substantial relationship with the child as described in subsection (c); and
   3. (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.

2. (b) A nonparent is a consistent caretaker if the nonparent, without expectation of compensation:

   1. (1) Lived with the child for not less than 12 months, unless the court finds good cause to accept a shorter period;
   2. (2) regularly exercised care of the child;
   3. (3) made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and
   4. (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.

3. (c) A nonparent has a substantial relationship with the child if:

   1. (1) The nonparent:

      1. (A) Is an individual with a familiar relationship with the child by blood or law; or
      2. (B) formed a relationship with the child without expectation of compensation;
   2. (2) a significant emotional bond exists between the nonparent and the child from the child's point of view; and

   3. (3) the nonparent:

      1. (A) Regularly exercised care of the child; and
      2. (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.

L. 2024, ch. 52, § 4; July 1.