23-3309. Rebuttable presumption that visitation request is in the best interest of the child; rebutting the presumption
(a) In an initial proceeding under this act, there is a rebuttable presumption that a decision by a parent or person acting as a parent regarding a request for visitation by a nonparent is in the best interest of the child.
(b) Subject to K.S.A. 23-3317, and amendments thereto, a nonparent has the burden to rebut the presumption described in subsection (a) by clear and convincing evidence of the facts required by K.S.A. 23-3308(a) and amendments thereto. Proof of unfitness of a parent or person acting as a parent is not required to rebut the presumption described in subsection (a).
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