reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 31 - Enforcement Of Support Orders › 23-3126 Income withholding; unemployment insurance benefits.

23-3126. Income withholding; unemployment insurance benefits.
(a) (1) The secretary of the department for children and families may collect, pursuant to the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto, support owed in a title IV-D case from unemployment insurance benefits payable to the obligor. Such collections may be remitted directly to the secretary. The secretary, and any other agency affected, shall use electronic processes to the greatest extent feasible.
(2) All provisions of the income withholding act shall apply to the withholding of support from unemployment insurance benefits from the state employment security agency, which shall be considered a payor for the purposes of the income withholding act, except that any cost recovery fee as a result of such withholding shall be paid by the department for children and families and shall not be paid by the obligor.
(b) If the secretary of the department for children and families receives an income withholding collection directly from another state agency for a debtor with more than one income withholding order and the payor agency does not identify the amount to be applied to each withholding order, the secretary may apply the collection in any manner allowed under title IV-D, provided that all current support due for the month under the withholding orders is satisfied first.
(c) This section shall be part of and supplemental to the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto.
History:
L. 2013, ch. 124, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3201 Legal custody, residency and parenting time criteria.

23-3201. Legal custody, residency and parenting time criteria.
The court shall determine legal custody, residency and parenting time of a child in accordance with the best interests of the child.
History:
L. 2011, ch. 26, § 18; L. 2017, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3202 Parenting plan; best interest presumed.

23-3202. Parenting plan; best interest presumed.
If the parties have entered into a parenting plan, it shall be presumed that the agreement is in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the best interests of the child.
History:
L. 2011, ch. 26, § 19; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3203 Factors considered in determination of legal custody, residency and parenting time of a child.

23-3203. Factors considered in determination of legal custody, residency and parenting time of a child.
(a) In determining the issue of legal custody, residency and parenting time of a child, the court shall consider all relevant factors, including, but not limited to:
(1) Each parent's role and involvement with the minor child before and after separation;
(2) the desires of the child's parents as to custody or residency;
(3) the desires of a child of sufficient age and maturity as to the child's custody or residency;
(4) the age of the child;
(5) the emotional and physical needs of the child;
(6) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;
(7) the child's adjustment to the child's home, school and community;
(8) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
(9) evidence of domestic abuse, including, but not limited to:
(A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or
(B) an act of domestic violence, stalking or sexual assault;
(10) the ability of the parties to communicate, cooperate and manage parental duties;
(11) the school activity schedule of the child;
(12) the work schedule of the parties;
(13) the location of the parties' residences and places of employment;
(14) the location of the child's school;
(15) whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;
(16) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto;
(17) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and
(18) whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto.
(b) To aid in determining the issue of legal custody, residency and parenting time of a child, the court may order a parent to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and may order such parent to follow all recommendations made by such program.
History:
L. 2011, ch. 26, § 20; L. 2014, ch. 116, § 9; L. 2016, ch. 102, § 7; L. 2017, ch. 58, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3204 No vested interest or presumption to either parent.

23-3204. No vested interest or presumption to either parent.
Neither parent shall be considered to have a vested interest in the custody or residency of any child as against the other parent, regardless of the age of the child, and there shall be no presumption that it is in the best interests of any infant or young child to give custody or residency to the mother.
History:
L. 2011, ch. 26, § 21; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3205 Rebuttable presumption against best interest of child in certain instances.

23-3205. Rebuttable presumption against best interest of child in certain instances.
There shall be a rebuttable presumption that it is not in the best interest of the child to have custody or residency granted to a parent who:
(a) Is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; or
(b) is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto.
History:
L. 2011, ch. 26, § 22; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3206 Legal custodial arrangements.

23-3206. Legal custodial arrangements.
Subject to the provisions of this article, the court may make any order relating to custodial arrangements which is in the best interests of the child. The order shall provide one of the following legal custody arrangements, in the order of preference:
(a) Joint legal custody. The court may order the joint legal custody of a child with both parties. In that event, the parties shall have equal rights to make decisions in the best interests of the child.
(b) Sole legal custody. The court may order the sole legal custody of a child with one of the parties when the court finds that it is not in the best interests of the child that both of the parties have equal rights to make decisions pertaining to the child. If the court does not order joint legal custody, the court shall include on the record specific findings of fact upon which the order for sole legal custody is based. The award of sole legal custody to one parent shall not deprive the other parent of access to information regarding the child unless the court shall so order, stating the reasons for that determination.
History:
L. 2011, ch. 26, § 23; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3208 Parenting time; enforcement; child exchange and visitation centers.

23-3208. Parenting time; enforcement; child exchange and visitation centers.
(a) Parents. A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child's physical, mental, moral or emotional health.
(b) Enforcement of rights. An order granting parenting time under this article may be enforced in accordance with the uniform child custody jurisdiction and enforcement act, or K.S.A. 2023 Supp. 23-3401, and amendments thereto.
(c) Court-ordered exchange or parenting time at a child exchange and visitation center. The court may order exchange or parenting time to take place at a child exchange and visitation center, as established in K.S.A. 75-720, and amendments thereto.
History:
L. 2011, ch. 26, § 25; L. 2012, ch. 162, § 49; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3209 Interviews; court; minors.

23-3209.
Interviews; court; minors.
The court may interview the minor children in chambers to assist the court in determining legal custody, residency, visitation rights and parenting time. The court may permit counsel to be present at the interviews. Upon request of any party, the court shall cause a record of the interview to be made as part of the record in the case.
History:
L. 1982, ch. 152, § 13; L. 2000, ch. 171, § 17; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3210 Information relating to custody or residency of children; visitation or parenting time with children.

23-3210. Information relating to custody or residency of children; visitation or parenting time with children.
(a) Investigation and report. In any proceeding in which legal custody, residency, visitation rights or parenting time are contested, the court may order an investigation and report concerning the appropriate legal custody, residency, visitation rights and parenting time to be granted to the parties. The investigation and report may be made by court services officers or any consenting person or agency employed by the court for that purpose. The court may use the Kansas department for children and families to make the investigation and report if no other source is available for that purpose. The costs for making the investigation and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(b) Consultation. In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential legal custodial arrangements. Upon order of the court, the investigator may refer the child to other professionals for diagnosis. The investigator may consult with and obtain information from medical, psychiatric or other expert persons who have served the child in the past. If the requirements of subsection (c) are fulfilled, the investigator's report may be received in evidence at the hearing.
(c) Use of report and investigator's testimony. The court shall make the investigator's report available prior to the hearing to counsel or to any party not represented by counsel. Upon motion of either party, the report may be made available to a party represented by counsel, unless the court finds that such distribution would be harmful to either party, the child or other witnesses. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. In consideration of the mental health or best interests of the child, the court may approve a stipulation that the interview records not be divulged to the parties.
History:
L. 1982, ch. 152, § 14; L. 1983, ch. 199, § 3; L. 2000, ch. 171, § 18; L. 2014, ch. 115, § 43; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3211 efinitions.

23-3211.
D
efinitions.
(a) "Temporary parenting plan" means an agreement or order issued defining the legal custody, residency and parenting time to be exercised by parents with regard to a child between the time of filing of a matter in which a parenting plan may be entered, and any other provisions regarding the child's care which may be in the best interest of the child, until a final order is issued.
(b) "Permanent parenting plan" means an agreement between parents which is incorporated into an order at a final hearing or an order or decree issued at a final hearing without agreement that establishes legal custody, residency, parenting time and other matters regarding a child custody arrangement in a matter in which a parenting plan may be entered.
(c) "Legal custody" means the allocation of parenting responsibilities between parents, or any person acting as a parent, including decision making rights and responsibilities pertaining to matters of child health, education and welfare.
History:
L. 2000, ch. 171, § 25; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3212 emporary orders.

23-3212.
T
e
mporary orders.
(a) The court may enter a temporary parenting plan in any case in which temporary orders relating to child custody is authorized.
(b) If the court deems it appropriate, a temporary parenting plan approved by the court may include one or more of the following provisions regarding children involved in the matter before the court:
(1) Designation of the temporary legal custody of the child;
(2) designation of a temporary residence for the child;
(3) allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education and welfare;
(4) a schedule for the child's time with each parent, when appropriate.
(c) A parent seeking a temporary order in which matters of child custody, residency, or parenting time are included shall file a proposed temporary parenting plan contemporaneous with any request for issuance of such temporary orders, which plan shall be served with any such temporary orders.
(d) If the parent who has not filed a proposed temporary parenting plan disputes the allocation of parenting responsibilities, residency, parenting time or other matters included in the proposed temporary parenting plan, that parent shall file and serve a responsive proposed temporary parenting plan.
(e) Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order.
(f) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment is in the best interest of the child.
(g) If a proceeding for divorce, separate maintenance, annulment or determination of parentage is dismissed, any temporary parenting plan is vacated.
History:
L. 2000, ch. 171, § 26; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3213 ermanent; objectives; general outline, provisions.

23-3213.
P
ermanent; objectives; general outline, provisions.
(a) The objectives of the permanent parenting plan are to:
(1) Establish a proper allocation of parental rights and responsibilities;
(2) establish an appropriate working relationship between the parents such that matters regarding the health, education and welfare of their child is best determined;
(3) provide for the child's physical care;
(4) set forth an appropriate schedule of parenting time;
(5) maintain the child's emotional stability;
(6) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the permanent parenting plan;
(7) minimize the child's exposure to harmful parental conflict;
(8) encourage the parents, where appropriate, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and
(9) otherwise protect the best interests of the child.
(b) A permanent parenting plan may consist of a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis; however, a permanent parenting plan must set forth the following minimum provisions:
(1) Designation of the legal custodial relationship of the child;
(2) a schedule for the child's time with each parent, when appropriate;
(3) a provision for a procedure by which disputes between the parents may be resolved without need for court intervention; and
(4) if either parent is a service member, as defined in K.S.A. 23-3217, and amendments thereto, provisions for custody and parenting time upon military deployment, mobilization, temporary duty or unaccompanied tour of such service member.
(c) A detailed permanent parenting plan shall include those provisions required by subsection (b), and may include, but need not be limited to, provisions relating to:
(1) Residential schedule;
(2) holiday, birthday and vacation planning;
(3) weekends, including holidays and school inservice days preceding or following weekends;
(4) allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education and welfare;
(5) sharing of and access to information regarding the child;
(6) relocation of parents;
(7) telephone access;
(8) transportation; and
(9) methods for resolving disputes.
(d) The court shall develop a permanent parenting plan, which may include such detailed provisions as the court deems appropriate, when:
(1) So requested by either parent; or
(2) the parent or parents are unable to develop a parenting plan.
History:
L. 2000, ch. 171, § 27; L. 2008, ch. 151, § 2; May 22.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3214 ourt information; classes; mediation; forms.

23-3214.
C
ourt information; classes; mediation; forms.
(a) The court shall inform the parents, or require them to be informed, about:
(1) How to prepare a parenting plan;
(2) the impact of family dissolution on children and how the needs of children facing family dissolution can best be addressed;
(3) the impact of domestic abuse on children, and resources for addressing domestic abuse; and
(4) mediation or other nonjudicial procedures designed to help them achieve an agreement.
(b) The court may require the parents to attend parent education classes.
(c) If parents are unable to resolve issues and agree to a parenting plan, the court may require mediation, unless mediation is determined inappropriate in the particular case.
(d) The clerk of the district court shall supply forms and information prescribed by the supreme court which may be used for submission of temporary and permanent parenting plans.
History:
L. 2000, ch. 171, § 28; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3215 Notification of other parent of certain events; failure, indirect civil contempt; material change in circumstances.

23-3215. Notification of other parent of certain events; failure, indirect civil contempt; material change in circumstances.
(a) A parent entitled to legal custody of, or residency of, or parenting time with a child pursuant to K.S.A. 23-3201 through 23-3207 and 23-3218, and amendments thereto, shall give written notice to the other parent of one or more of the following events when such parent: (1) Is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; (2) has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto; (3) is residing with an individual who is known by the parent to be subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; or (4) is residing with an individual who is known by the parent to have been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent within 14 days following such event.
(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.
(c) An event described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time.
History:
L. 2005, ch. 154, § 1; L. 2010, ch. 135, § 177; L. 2011, ch. 26, § 45; L. 2012, ch. 162, § 50; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3218 Modification of child custody, residency, visitation and parenting time; examination of parties.

23-3218. Modification of child custody, residency, visitation and parenting time; examination of parties.
(a) Subject to the provisions of the uniform child custody jurisdiction and enforcement act (K.S.A. 23-37,101 through 23-37,405, and amendments thereto), the court may change or modify any prior order of custody, residency, visitation and parenting time, when a material change of circumstances is shown, but no ex parte order shall have the effect of changing residency of a minor child from the parent who has had the sole de facto residency of the child to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. If an interlocutory order is issued ex parte, the court shall hear a motion to vacate or modify the order within 15 days of the date that a party requests a hearing whether to vacate or modify the order.
(b) The court may order physical or mental examinations of the parties if requested pursuant to K.S.A. 60-235, and amendments thereto.
History:
L. 2011, ch. 26, § 26; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3219 Modification of final order; specify factual allegations.

23-3219. Modification of final order; specify factual allegations.
(a) A party filing a motion to modify a final order pertaining to child custody or residential placement pursuant to article 22, 27 or 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, shall include with specificity in the verified motion, or in an accompanying affidavit, all known factual allegations which constitute the basis for the change of custody or residential placement. If the court finds that the allegations set forth in the motion or the accompanying affidavit fail to establish a prima facie case, the court shall deny the motion. If the court finds that the motion establishes a prima facie case, the matter may be tried on factual issues.
(b) In the event the court is asked to issue an ex parte order modifying a final child custody or residential placement order based on alleged emergency circumstances, the court shall:
(1) Attempt to have the nonmoving party's counsel, if any, present before taking up the matter.
(2) Set the matter for review hearing at the earliest possible court setting after issuance of the ex parte order, but in no case later than 15 days after issuance.
(3) Require personal service of the order and notice of review hearing on the nonmoving party.
No ex parte order modifying a final custody or residential placement order shall be entered without sworn testimony to support a showing of the alleged emergency.
History:
L. 2000, ch. 171, § 30; L. 2012, ch. 162, § 51; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3220 Modifications to orders enforced under title IV-D programs.

23-3220. Modifications to orders enforced under title IV-D programs.
Motions to modify legal custody, residency, visitation rights or parenting time in proceedings where support obligations are enforced under part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.), as amended, shall be considered proceedings in connection with the administration of the title IV-D program for the sole purpose of disclosing information necessary to obtain service of process on the parent with physical custody of the child.
History:
L. 2011, ch. 26, § 27; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3221 Modification of parenting time order.

23-3221. Modification of parenting time order.
(a) The court may modify an order granting or denying parenting time whenever modification would serve the best interests of the child.
(b) Repeated unreasonable denial of or interference with parenting time granted under this article may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency or parenting time.
(c) Any party may petition the court to modify an order granting parenting time to require that the exchange or transfer of children for parenting time take place at a child exchange and visitation center, as established in K.S.A. 75-720, and amendments thereto.
History:
L. 2011, ch. 26, § 28; L. 2012, ch. 162, § 52; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 32 - Legal Custody, Residency And Parenting Plans › 23-3222 Change in child's residence; notice; effect; exceptions.

23-3222. Change in child's residence; notice; effect; exceptions.
(a) Except as provided in subsection (d), a parent entitled to legal custody or residency of or parenting time with a child under this article shall give written notice to the other parent not less than 30 days prior to: (1) Changing the residence of the child; or (2) removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.
(c) A change of the residence or the removal of a child as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time. In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all factors the court deems appropriate including, but not limited to: (1) The effect of the move on the best interests of the child; (2) the effect of the move on any party having rights granted under this article; and (3) the increased cost the move will impose on any party seeking to exercise rights granted under this article.
(d) A parent entitled to the legal custody or residency of a child under this article shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the child is the victim of such crime.
History:
L. 1984, ch. 213, § 1; L. 1996, ch. 188, § 5; L. 2000, ch. 171, § 21; L. 2011, ch. 26, § 44; L. 2011, ch. 91, § 25; L. 2012, ch. 162, § 53; L. 2015, ch. 94, § 11; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 33 - Third-party Visitation › 23-3301 Grandparent and stepparent visitation rights.

23-3301. Grandparent and stepparent visitation rights.
(a) In an action under article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, grandparents and stepparents may be granted visitation rights.
(b) The district court may grant the grandparents of an unmarried minor child reasonable visitation rights to the child during the child's minority upon a finding that the visitation rights would be in the child's best interests and when a substantial relationship between the child and the grandparent has been established.
(c) The district court may grant the parents of a deceased person visitation rights, or may enforce visitation rights previously granted, pursuant to this section, even if the surviving parent has remarried and the surviving parent's spouse has adopted the child. Visitation rights may be granted pursuant to this subsection without regard to whether the adoption of the child occurred before or after the effective date of this act.
History:
L. 2011, ch. 26, § 29; L. 2012, ch. 162, § 54; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 33 - Third-party Visitation › 23-3302 Modification; enforcement; child exchange and visitation centers.

23-3302. Modification; enforcement; child exchange and visitation centers.
(a) The court may modify an order granting or denying parenting time or visitation rights whenever modification would serve the best interests of the child.
(b) Repeated unreasonable denial of or interference with visitation rights or parenting time granted under K.S.A. 23-2711, and amendments thereto, may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency or visitation rights.
(c) (1) The court may order exchange or visitation to take place at a child exchange and visitation center, as established in K.S.A. 75-720, and amendments thereto.
(2) Any party may petition the court to modify an order granting visitation rights to require that the exchange or transfer of children for visitation take place at a child exchange and visitation center, as established in K.S.A. 75-720, and amendments thereto. The court may modify an order granting visitation whenever modification would serve the best interests of the child.
History:
L. 1971, ch. 149, § 1; L. 1982, ch. 182, § 149; L. 1984, ch. 152, § 1; L. 2012, ch. 162, § 55; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 33 - Third-party Visitation › 23-3303 ction to enforce rights.

23-3303.
A
ction
to enforce rights.
An action for reasonable visitation rights of grandparents as provided by this act shall be brought in the county in which the child resides with the child's parent, guardian or other person having lawful custody. The court shall fix the time and date for a hearing on the petition and shall prescribe the manner of giving notice thereof to interested persons.
History:
L. 1971, ch. 149, § 2; L. 1984, ch. 152, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 33 - Third-party Visitation › 23-3304 Costs and attorney fees.

23-3304. Costs and attorney fees.
Costs and reasonable attorney fees shall be awarded to the respondent in an action filed pursuant to K.S.A. 22-3302* et seq., and amendments thereto, unless the court determines that justice and equity otherwise require.
History:
L. 1971, ch. 149, § 3; L. 1984, ch. 152, § 3; L. 2012, ch. 162, § 56; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 34 - Enforcement Of Visitation And Parenting Time › 23-3403 Orders; enforcement.

23-3403. Orders; enforcement.
(a) Any custody or parenting time order, or order relating to the best interests of a child, issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over any order under article 32 or 33 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 60-1610, prior to its repeal, until jurisdiction under the revised Kansas code for care of children or the revised Kansas juvenile justice code is terminated.
(b) An order granting visitation rights under article 33 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, or parenting time under article 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, may be enforced in accordance with the uniform child custody jurisdiction and enforcement act, or this article.
History:
L. 2011, ch. 26, § 36; L. 2011, ch. 91, § 40; L. 2012, ch. 162, § 57; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3501 efined.

23-3501.
D
efined.
Mediation under this section is the process by which a neutral mediator appointed by the court, or by a hearing officer, assists the parties in reaching a mutually acceptable agreement as to issues of child custody, residency, visitation, parenting time, division of property or other issues. The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties and not the decisions of the mediator.
History:
L. 1985, ch. 147, § 1; L. 1986, ch. 138, § 2; L. 2000, ch. 171, § 5; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3502 hen ordered; appointment and qualifications of mediator.

23-3502.
W
hen ordered; appointment and qualifications of mediator.
(a) The court or hearing officer may order mediation of any contested issue of child custody, residency, visitation, parenting time, division of property or other issues, at any time, upon motion of a party or on the court's own motion.
(b) If the court or hearing officer orders mediation under subsection (a), the court or hearing officer shall appoint a mediator, taking into consideration the following:
(1) An agreement by the parties to have a specific mediator appointed by the court or hearing officer;
(2) the nature and extent of any relationships the mediator may have with the parties and any personal, financial or other interests the mediator may have which could result in bias or a conflict of interest;
(3) the mediator's knowledge of (A) the Kansas judicial system and the procedure used in domestic relations cases, (B) other resources in the community to which parties can be referred for assistance, (C) child development, (D) clinical issues relating to children, (E) the effects of divorce on children and (F) the psychology of families; and
(4) the mediator's training and experience in the process and techniques of mediation.
History:
L. 1985, ch. 147, § 2; L. 1986, ch. 138, § 3; L. 2000, ch. 171, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3503 Duties of mediator.

23-3503.
Duties of mediator.
(a) A mediator appointed under K.S.A. 23-3502, and amendments thereto, shall:
(1) Inform the parties of the costs of mediation;
(2) advise the parties that the mediator does not represent either or both of the parties;
(3) define and describe the process of mediation to the parties;
(4) disclose the nature and extent of any relationships with the parties and any personal, financial or other interests which could result in bias or a conflict of interest;
(5) advise each of the parties to obtain independent legal advice;
(6) allow only the parties to attend the mediation sessions;
(7) disclose to the parties' attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by the parties;
(8) ensure that the parties consider fully the best interests of the children and that the parties understand the consequences of any decision they reach concerning the children; and
(9) inform the parties of the extent to which information obtained from and about the participants through the mediation process is not privileged and may be subject to disclosure.
(b) The mediator may meet with the children of any party and, with the consent of the parties, may meet with other persons.
(c) The mediator shall make a written summary of any understanding reached by the parties. A copy of the summary shall be provided to the parties and their attorneys, if any. The mediator shall advise each party in writing to obtain legal assistance in drafting any agreement or for reviewing any agreement drafted by the other party. Any understanding reached by the parties as a result of mediation shall not be binding upon the parties nor admissible in court until it is reduced to writing, signed by the parties and their attorneys, if any, and approved by the court. If the parties are not represented by attorneys, the mediator shall provide to the court or hearing officer the written summary of any understanding signed by the parties, which, if approved by the court or hearing officer, shall be incorporated in the order of the court or hearing officer.
(d) The mediator may act as a mediator in subsequent disputes between the parties. However, the mediator shall decline to act as attorney, counselor or psychotherapist for either party during or after the mediation or divorce proceedings unless the subsequent representation, counseling or treatment is clearly distinct from the mediation issues.
History:
L. 1985, ch. 147, § 3; L. 1986, ch. 138, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3504 Termination of mediation.

23-3504.
Termination of mediation.
(a) At any time after the second mediation session, either party may terminate mediation ordered under K.S.A. 23-3502*.
(b) The mediator shall terminate mediation whenever the mediator believes that: (1) Continuation of the process would harm or prejudice one or more of the parties or the children; or (2) the ability or willingness of any party to participate meaningfully in mediation is so lacking that a reasonable agreement is unlikely.
(c) The mediator shall report the termination of mediation to the court. The mediator shall not state the reason for termination except when the termination is due to a conflict of interest or bias on the part of the mediator.
History:
L. 1985, ch. 147, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3505 Confidentiality.

23-3505.
Confidentiality.
(a) A mediator appointed under K.S.A. 23-3502, and amendments thereto, shall treat all verbal or written information transmitted between any party to a dispute and a mediator conducting the proceeding, or the staff of an approved program under K.S.A. 5-501 et seq., and amendments thereto, as confidential communications. No admission, representation or statement made in the proceeding shall be admissible as evidence or subject to discovery. A mediator shall not be subject to process requiring the disclosure of any matter discussed during the proceedings unless all the parties consent to a waiver. Any party and the neutral person or staff of an approved program conducting the proceeding, participating in the proceeding has a privilege in any action to refuse to disclose, and to prevent a witness from disclosing, any communication made in the course of the proceeding. The privilege may be claimed by the party or the neutral person or anyone the party or the neutral person authorizes to claim the privilege. A neutral person conducting the proceeding shall not be subject to process requiring the disclosure of any matter discussed within the proceedings unless all parties consent to a waiver.
(b) The confidentiality and privilege requirements of this section shall not apply to:
(1) Information that is reasonably necessary to allow investigation of or action for ethical violations against the neutral person conducting the proceeding or for the defense of the neutral person or staff of an approved program conducting the proceeding in an action against the neutral person or staff of an approved program if the action is filed by a party to the proceeding;
(2) any information that the mediator is required to report under K.S.A. 38-2223, and amendments thereto;
(3) any information that is reasonably necessary to stop the commission of an ongoing crime or fraud or to prevent the commission of a crime or fraud in the future for which there was an expressed intent to commit such crime or fraud;
(4) any information that the mediator is required to report or communicate under the specific provisions of any statute or in order to comply with orders of the court; or
(5) any report to the court that a party has issued a threat of physical violence against a party, a party's dependent or family member, the mediator or an officer or employee of the court with the apparent intention of carrying out such threat.
History: L. 1985, ch. 147, § 5; L. 1996, ch. 129, § 2; L. 1999, ch. 157, § 2; L. 2006, ch. 200, § 87; January 1, 2007.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3506 Costs.

23-3506.
Costs.
The costs of any mediation ordered under K.S.A. 23-3502* shall be taxed to either or both parties as equity and justice require, unless the parties have reached a reasonable agreement as to payment of the costs.
History:
L. 1985, ch. 147, § 7; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3507 rocess.

23-3507.
P
rocess.
Case management under this act is the process by which a neutral case manager appointed by the court, or by a hearing officer in a proceeding pursuant to K.S.A. 23-3401, and amendments thereto, or through agreement by the parties, assists the parties by providing a procedure, other than mediation, which facilitates negotiation of a plan for child custody, residency or visitation or parenting time. In the event that the parties are unable to reach an agreement, the case manager shall make recommendations to the court.
History:
L. 1996, ch. 159, § 1; L. 2000, ch. 171, § 8; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 35 - Alternative Dispute Resolution › 23-3510 Counseling.

23-3510.
Counseling.
(a) Family counseling. At any time prior or subsequent to the alteration of the parties' marital status the court may order that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other trained professional in family counseling, approved by the court, for the purpose of determining whether it is in the best interests of any of the parties' children that the parties and any of their children have counseling regarding matters of legal custody, residency, visitation or parenting time. The court shall receive the written opinion of the professional, and the court shall make the opinion available as provided by K.S.A. 23-3210, and amendments thereto. Any professional consulted by the court under this section may be examined as a witness. If the opinion of the professional is that counseling is in the best interests of any of the children, the court may order the parties and any of the children to obtain counseling. Neither party shall be required to obtain counseling pursuant to this section if the party objects thereto because the counseling conflicts with sincerely held religious tenets and practices to which any party is an adherent.
(b) Costs. The costs of the counseling shall be taxed to either party as equity and justice require.
History:
L. 1982, ch. 152, § 16; L. 1986, ch. 299, § 10; L. 2000, ch. 171, § 20; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-3601 International reciprocity for enforcement of support orders.

23-3601.
International reciprocity for enforcement of support orders.
(a) If the attorney general finds that reciprocal provisions are available in a foreign nation or a state of a foreign nation for the enforcement of support orders issued in this state, the attorney general may declare the foreign nation or state of a foreign nation to be a reciprocating state for the purpose of establishing or enforcing any duty of support. A declaration made pursuant to this subsection may be revoked by the attorney general.
(b) The attorney general shall review any declaration made pursuant to subsection (a) to determine whether the declaration should be revoked if all or part of the same jurisdiction was declared a foreign reciprocating country by the United States secretary of state and the declaration by the United States secretary of state has been revoked.
History:
L. 1990, ch. 208, § 2; L. 1997, ch. 182, § 22; July 3.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,101 Citation of act.

23-36,101. Citation of act.
This act may be cited as the uniform interstate family support act.
History:
L. 1994, ch. 301, § 32; L. 1997, ch. 182, § 32; L. 2015, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,103 State tribunal and support enforcement agency.

23-36,103. State tribunal and support enforcement agency.
(a) The courts are the tribunals of this state.
(b) The department for children and families is the support enforcement agency of this state.
History:
L. 1994, ch. 301, § 34; L. 2015, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,104 Remedies cumulative.

23-36,104. Remedies cumulative.
(a) Remedies provided by this act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(b) This act does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody, parenting time or visitation pursuant to K.S.A. 23-3201 et seq., and amendments thereto, in a proceeding under this act.
History:
L. 2015, ch. 64, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,105 Application of act to resident of foreign country and foreign support proceeding.

23-36,105. Application of act to resident of foreign country and foreign support proceeding.
(a) A tribunal of this state shall apply parts 1 through 6 of this act and, as applicable, part 7 of this act, to a support proceeding involving:
(1) A foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts 1 through 6 of this act.
(c) Part 7 of this act applies only to a support proceeding under the convention. In such a proceeding, if a provision of part 7 of this act is inconsistent with parts 1 through 6 of this act, part 7 of this act controls.
History:
L. 2015, ch. 64, § 5; July 1.