Custody

If you are the child’s grandparent, sibling, step-parent, or other non-parent, the judge may give you visitation if you can prove all of the following:

• denying you visitation would harm the child;
• you have been a “consistent caretaker” of the child within the past year, or you have a “substantial relationship” with the child; and
• visitation is in the child’s best interest.¹

A consistent caretaker is a non-parent who, without expecting to be paid for it:

• lived with the child for at least 12 months, unless the judge believes there is a good reason to accept a shorter period;
• regularly took care of the child;
• made day-to-day decisions for the child, either alone or in cooperation with someone else who has physical custody of the child; and
• established a close relationship with the child, either with the parent’s consent or without any parent being involved who could care for the child.²

A substantial relationship exists between the child and a non-parent if:

• the non-parent is related to the child by blood or law, or formed a relationship with the child without expecting to be paid;
• the child believes there is a significant emotional bond between him/her and the non-parent; and
• the non-parent regularly took care of the child and established a close relationship with the child. If there was a parent actively involved in caring for the child, s/he must have approved of, or agreed to, this relationship.³

¹ Kan. Stat. § 23-3308(a)
² Kan. Stat. § 23-3308(b)
³ Kan. Stat. § 23-3308(c)