Text: H08898                            Text: H08900
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8899

Amendment Text

PAG LIN
  1  1    Amend Senate File 2313 as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 28, by inserting after line 19, the
  1  4 following:  
  1  5                      "DIVISION XI
  1  6        CUSTODY – PARENT'S DEATH OR INCOMPETENCE
  1  7    Sec. ___.  Section 598.41, subsection 6, Code
  1  8 Supplement 1997, is amended to read as follows:
  1  9    6.  a.  When a parent awarded legal custody or
  1 10 physical care of a child cannot act as custodian or
  1 11 caretaker because the parent has died or has been
  1 12 judicially adjudged incompetent, the court shall award
  1 13 legal custody including physical care of the child to
  1 14 the surviving parent unless the court finds that such
  1 15 an award is not in the child's best interest.
  1 16    b.  The court may find that such an award is not in
  1 17 the child's best interest if the court finds that the
  1 18 surviving parent has not maintained significant and
  1 19 meaningful contact with the child, as evidenced by
  1 20 consistent visitation and communication with the child
  1 21 and by prompt payment of support obligations.
  1 22    c.  Prior to awarding such custody, the court shall
  1 23 order an investigation of the home conditions,
  1 24 parenting capabilities, and other matters pertinent to
  1 25 the best interests of the child to determine if the
  1 26 award of custody would provide a safe, healthy and
  1 27 nurturing environment for the child.
  1 28    d.  The court shall appoint an attorney to
  1 29 represent the interests of the minor child.  The
  1 30 attorney may make independent investigations of
  1 31 matters pertinent to the interests of the child."
  1 32    #2.  By renumbering as necessary.  
  1 33 
  1 34 
  1 35                               
  1 36 RAYHONS of Hancock 
  1 37 SF 2313.502 77
  1 38 pf/jw/28
     

Text: H08898                            Text: H08900
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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