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HB 2356

Contracts; Oklahoma Contracts Act of 2025; effective date.

2025 Regular Session Introduced by Kyle Hilbert

HB 2356 eases nonparents' access to court-ordered visitation by lowering the evidence standard to substantial evidence and deeming denial unreasonable.

Second Reading referred to Rules
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Bill Summary · HB 2356

Summary — HB 2356 (2025)

Status: Introduced Feb 3, 2025; referred to Committee on Judiciary (first reading Mar 14, 2025)
Primary sponsor: Rep. Dan Ugaste
Related bill: SB 1668 (companion)

HB 2356 amends the Uniform Nonparent Visitation Act (K.S.A. 2024 Supp. 23-3308 and 23-3309) to lower the evidentiary burden and relax certain timing requirements for nonparents seeking court-ordered visitation with a child.

Main purpose

To make it easier for nonparents (e.g., grandparents, other relatives, or caretakers) to obtain court-ordered visitation by:
- changing when a court may order visitation from proof that denial “would result in harm” to proof that denial “would be unreasonable,” and
- lowering the required evidentiary standard from “clear and convincing evidence” to “substantial evidence” in initial proceedings.

Key provisions / changes

  • Replaces the current ground for nonparent visitation from proving the denial “would result in harm to the child” with proving the denial “would be unreasonable.” (K.S.A. 23-3308(a)(1))
  • Extends the time window for being treated as a “consistent caretaker” from within one year before filing to within two years. (K.S.A. 23-3308(a)(2)(A))
  • Retains the requirement that a nonparent must also show visitation is in the child’s best interest (applying K.S.A. 23-3315 factors). (K.S.A. 23-3308(a)(3))
  • In initial proceedings, preserves the rebuttable presumption that a parent’s decision about visitation is in the child’s best interest, but requires the nonparent to rebut that presumption by “substantial evidence” (replacing “clear and convincing evidence”). (K.S.A. 23-3309(b))
  • Definitions for “consistent caretaker” and “substantial relationship” remain in statute (e.g., 12 months residence/regular care, bonded relationship, decision-making involvement), but the caretaker look‑back period is lengthened to two years.

Who would be affected

  • Nonparents seeking visitation (grandparents, other relatives, long-term caretakers, etc.) — the bill lowers the legal barriers to obtaining visitation.
  • Parents and persons acting as parents — parental decisions retain a rebuttable presumption of being in the child’s best interest, but that presumption is easier for a nonparent to overcome.
  • Courts — may see more petitions or need to apply a different evidentiary standard in initial nonparent visitation cases.

Fiscal and administrative impact

  • Kansas Division of the Budget: minimal fiscal effect; costs can be absorbed within existing resources.
  • Department for Children and Families: no fiscal effect identified.
  • No fiscal impact included in the FY 2026 Governor’s Budget Report.

Procedure / effective date

  • The bill amends and repeals the cited K.S.A. sections and states it takes effect and is in force after publication in the statute book.
  • Currently pending in the House Judiciary Committee (as of referral).

Compiled from official sources — confirm details with the bill’s official record.

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