K.S.A. » Chapter 23
Kansas Statutes Annotated

K.S.A. § 23-3218 (2026)

Modification of child custody, residency, visitation and parenting time; examination of parties

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23-3218. 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, § 26; July 1.

Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2016–2024 · leading case: State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016).
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State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016). · cites it 4× “23-2707, applies only to temporary orders entered “during the pendency of the [divorce] action prior to final judgment,” while three other statutes provide for the modification of child-custody or parenting-time orders after final judgment: K.S.A. 2013 Supp. 23-3218, 23-3219,…”
In re Marriage of Bahlmann, 440 P.3d 597 (Kan. Ct. App. 2019). · cites it 2× “*601 DID THE DISTRICT COURT USE THE WRONG STANDARD IN EVALUATING REBECCA'S MOTION TO DISMISS ? The district court dismissed Bruce's motion to modify child custody and motion for custody evaluation, finding that the motion failed to state with specificity facts that rose to the…”
In re Marriage of Swisher, 508 P.3d 1292 (Kan. Ct. App. 2022). · cites it 6× “Before a Kansas court may modify a previous order of custody, residency, visitation, or parenting time, there must be a material change in circumstances since the granting of the original or the existing order under K.S.A. 2020 Supp. 23-3218(a). Thus, when a proper motion and…”
C.D. v. S.T., No. 126302 (Kan. Ct. App. Apr. 19, 2024). · cites it 5× “23- 3207(a) ("The court may order a residential arrangement in which the child resides with one or both parents on a basis consistent with the best interests of the child.") and K.S.A. 23-3218(a) ("[T]he court may change or modify any prior order of custody, residency,…”
State ex rel. Sec'y, Dep't for Child. & Families, No. 122696 (Kan. July 23, 2021). · cites it 2× “K.S.A. 2020 Supp. 23-3218. By filing a motion for change of custody, Father carried the burden to show that such a material change had occurred and that it was now in J.”
In re Marriage of M.D. & S.D., 557 P.3d 30 (Kan. Ct. App. 2024). · cites it 2× “In addition, K.S.A. 23-3218(a) allows the court to modify any prior order of custody, residency, visitation, or parenting time upon a showing of a material change in circumstances.”
In re Marriage of S.K. & K.K., 561 P.3d 561 (Kan. Ct. App. 2024). · cites it 2× “Discussion A district court's authority to modify an order of custody, residency, visitation, or parenting time is set forth in K.S.A. 23-3218. K.S.A. 23-3218(a) allows the court to modify any prior order of custody, residence, visitation, or parenting time upon a showing of a…”
In re Marriage of Stockman, No. 121818 (Kan. Ct. App. Apr. 10, 2020). “K.S.A. 2019 Supp. 23-3218(a). A qualifying change "must be of a substantial and continuing nature [so as] to make the terms of the initial decree unreasonable.”
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). “Mother complains the district court failed to consider the statutory factors in K.S.A. 2019 Supp. 23-3218 and K.S.A. 2019 Supp.”
State ex rel. Sec'y, Dep't for Child. & Families v. M.R.B., 473 P.3d 384 (Kan. Ct. App. 2020). “A trial court's modification of an order of custody, residency, visitation, or parenting time is governed by K.S.A. 2018 Supp. 23-3218 et seq. An appellate court generally reviews a trial court's order granting or denying such modification for an abuse of discretion.”
In re Marriage of Boles, 481 P.3d 194 (Kan. Ct. App. 2021). “"A prima facie showing is one '[s]ufficient to establish a fact or raise a presumption unless disproved or rebutted; based on what seems to be true on first examination, even though it [may] later be proved to be untrue.'" 56 Kan. App. 2d at 905 (quoting Black's Law Dictionary…”
K.S.A. § 23-3218(a): 7 cases
In re Marriage of Bahlmann, 440 P.3d 597 (Kan. Ct. App. 2019). “*601 DID THE DISTRICT COURT USE THE WRONG STANDARD IN EVALUATING REBECCA'S MOTION TO DISMISS ? The district court dismissed Bruce's motion to modify child custody and motion for custody evaluation, finding that the motion failed to state with specificity facts that rose to the…”
In re Marriage of Swisher, 508 P.3d 1292 (Kan. Ct. App. 2022). “Before a Kansas court may modify a previous order of custody, residency, visitation, or parenting time, there must be a material change in circumstances since the granting of the original or the existing order under K.S.A. 2020 Supp. 23-3218(a). Thus, when a proper motion and…”
C.D. v. S.T., No. 126302 (Kan. Ct. App. Apr. 19, 2024). “23- 3207(a) ("The court may order a residential arrangement in which the child resides with one or both parents on a basis consistent with the best interests of the child.") and K.S.A. 23-3218(a) ("[T]he court may change or modify any prior order of custody, residency,…”
In re Marriage of M.D. & S.D., 557 P.3d 30 (Kan. Ct. App. 2024). “In addition, K.S.A. 23-3218(a) allows the court to modify any prior order of custody, residency, visitation, or parenting time upon a showing of a material change in circumstances.”
In re Marriage of Stockman, No. 121818 (Kan. Ct. App. Apr. 10, 2020). “K.S.A. 2019 Supp. 23-3218(a). A qualifying change "must be of a substantial and continuing nature [so as] to make the terms of the initial decree unreasonable.”
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