Printable Format23-3218. 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, ยง 26; July 1.
Source or Prior Law:
60-1610(a)(2).
CASE ANNOTATIONS
1. District court's judgment of a child's best interests will not be disturbed on appeal unless there is an abuse of discretion; appropriate remedy is remand to the district court for a new determination when an appellate court finds an abuse of discretion. State v. M.R.B, 313 Kan. 855, 491 P.3d 652 (2021).