In re the Marriage of Kimbrell

In a case of first impression, the majority holds that it is a per se abuse of discretion for a district court to order parenting time and visitation as mutually requested by a noncustodial parent and child. Under the tragic facts of this case, I believe the district court appropriately exercised its discretion by ordering the parenting time and visitation conditioned upon the mutual requests of David and his almost 16-year-old son, Evan, consistent with the mandate of K.S.A. 2004 Supp. 60-1616(a) that “[a] parent is entitled to reasonable parenting time.” (Emphasis added.)

Supplemental…