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3 the child's legal status, medical care, education, 4 extracurricular activities, third-party child care, 5 and religious instruction. 6 6. When the a parent awarded legal custody or 7 physical care of the a child cannot act as custodian 8 or caretaker because the parent has died or has been 9 judicially adjudged incompetent, the court shall award 10 legal custody including physical care of the child to 11 the surviving parent unless the court finds that such 12 an award is not in the child's best interest." 13 3. Page 124, by inserting after line 13 the 14 following: 15 "Sec. ___. EFFECTIVE DATE. Sections 101, 102, 16 103, 104, and 105 of this Division XII, being deemed 17 of immediate importance, are effective upon 18 enactment." 19 4. By renumbering as necessary. Amendment H-1335 was adopted. Boddicker of Cedar offered the following amendment H-1320 filed by him and Burnett of Story and moved its adoption: H-1320 1 Amend House File 612 as follows: 2 1. Page 114, line 27, by inserting after the 3 figure "598.14." the following: "The three-month 4 limitation applies to modification actions pending on 5 or after July 1, 1997." 6 2. Page 116, line 17, by inserting after the word 7 "party." the following: "The three-month limitation 8 applies to a modification action pending on or after 9 July 1, 1997." Amendment H-1320 was adopted. Boddicker of Cedar asked and received unanimous consent that amendment H-1282 be deferred. Connors of Polk asked and received unanimous consent to withdraw amendment H-1333 filed by him and Boddicker of Cedar on March 25, 1997. Connors of Polk offered amendment H-1379 filed by him and Boddicker of Cedar as follows: H-1379 1 Amend House File 612 as follows: 2 1. Page 115, line 24, by striking the word 3 "subsection" and inserting the following: 4 "subsections".
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