Session of 1999
HOUSE BILL No. 2347
By Representative Tanner
10 AN ACT concerning children and minors; relating to visitation rights of
11 grandparents; amending K.S.A. 38-129 and K.S.A. 1998 Supp. 60-1616
12 and repealing the existing sections.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 38-129 is hereby amended to read as follows: 38-
16 129. (a) The district court
may shall grant the grandparents of an un-
17 married minor child reasonable visitation rights to the child during the
18 child's minority upon a finding that the visitation rights would be in the
19 child's best interests
and when a substantial relationship between the
child and the grandparent has been established.
21 (b) The district court may grant the parents of a deceased person
22 visitation rights, or may enforce visitation rights previously granted, pur-
23 suant to this section, even if the surviving parent has remarried and the
24 surviving parent's spouse has adopted the child. Visitation rights may be
25 granted pursuant to this subsection without regard to whether the adop-
26 tion of the child occurred before or after the effective date of this act.
27 (c) The district court shall grant grandparents reasonable visitation
28 rights unless the court, after a hearing, finds that visitation would seri-
29 ously endanger the child's physical, mental, moral or emotional health.
30 Sec. 2. K.S.A. 1998 Supp. 60-1616 is hereby amended to read as
31 follows: 60-1616. (a) Parents. A parent not granted custody or residency
32 of the child is entitled to reasonable visitation rights unless the court
33 after a hearing, finds that visitation would seriously endanger
34 the child's physical, mental, moral or emotional health.
35 (b) Grandparents
and stepparents. Grandparents and stepparents
may be granted are entitled to reasonable visitation rights unless the court,
37 after a hearing, finds that visitation would seriously endanger the child's
38 physical, mental, moral or emotional health.
39 (c) Stepparents. Stepparents may be granted visitation rights.
(c) (d) Modification. The court may modify an order granting or de-
41 nying visitation rights whenever modification would serve the best inter-
42 ests of the child.
(d) (e) Enforcement of rights. An order granting visitation rights to a
44 parent pursuant to this section may be enforced in accordance with K.S.A.
45 23-701, and amendments thereto.
(e) (f) Repeated denial of rights, effect. Repeated unreasonable denial
47 of or interference with visitation rights granted to a parent pursuant to
48 this section may be considered a material change of circumstances which
49 justifies modification of a prior order of child custody.
(f) (g) Repeated child support misuse, effect. Repeated child support
51 misuse may be considered a material change of circumstances which jus-
52 tifies modification of a prior order of child custody.
(g) (h) Court ordered exchange or visitation at a child exchange and
54 visitation center. (1) The court may order exchange or visitation to take
55 place at a child exchange and visitation center, as established in K.S.A.
56 75-720 and amendments thereto.
57 (2) A parent may petition the court to modify an order granting vis-
58 itation rights to require that the exchange or transfer of children for vis-
59 itation or visitation take place at a child exchange and visitation center,
60 as established in K.S.A. 75-720 and amendments thereto. The court may
61 modify an order granting visitation rights whenever modification would
62 serve the best interests of the child.
63 Sec. 3. K.S.A. 38-129 and K.S.A. 1998 Supp. 60-1616 are hereby
65 Sec. 4. This act shall take effect and be in force from and after its
66 publication in the statute book.