1. (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. (1) A material change in circumstance has occurred relevant to the visitation with the child; and
   2. (2) modification is in the best interest of the child.
2. (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.
3. (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.

L. 2024, ch. 52, § 13; July 1.