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Document summary:
The application of Kan. Stat. Ann. 60-1616(b) (Supp. 2000), with no limitations on granting grandparents visitation, violates a parents fundamental right to custody, care, and control of his or her child under the Fourteenth Amendment to the United States Constitution. Section 60-1616(b) is, however, construed to be constitutional and does not violate the Fourteenth Amendment to the United States Constitution so long as the burden of proof is upon the grandparents to show such visitation is in the childs best interests and that a substantial relationship with the grandchild exists.
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