GRANDPARENT VISITATION RIGHTS—Natural Parent v. Grandparents.

GRANDPARENT VISITATION RIGHTS—Natural Parents v. Grandparents.TD and DD v. BR, Docket No. 126,565 (Kan. Ct. of App. Unpublished October 25, 2024-Wyandotte. J. Lynch reversed and remanded). Natural mother is dead. Natural father has a reasonable parenting plan, versus a plan that excludes or severely limits grandparents. The district court adopted the maternal grandparents’ plan. Constitutional presumptions favor a parent’s right to make decisions concerning the care, custody and control of their children. Troxel v. Granville, 530 US 57, 65-66 (United States Supreme Court, 2000). Under Kansas law, the district court may grant grandparents of a minor child reasonable visitation rights upon a finding that the visitation rights would be in the child’s best interests and when a substantial relationship between the child and grandparents has been established. K.S.A. 23-3301(b). When a grandparent’s proposed visitation plan conflicts with that of a parent, the grandparent must overcome the constitutional presumption which favors the parent. Schwarz v. Schwarz, 62 Kan. App. 2d 103, 115-116, rev. denied 316 Kan. 758 (2022). In this case, the court found both plans on equal footing, but the natural father prevails due to the constitutional presumptions.