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San Diego divorce attorney, Elizabeth Brown, and Certified Family Law Specialist, Michele Lowenstein, discuss leaving the state while on joint custody. The lawyers begin by explaining that the dissolution of a marriage with children will include a parenting plan in which a provision will decree that it is prohibited to change a child's residency outside of the state of California without a mutual agreement between both parties or a court order.
Where the court will ultimately go is unpredictable. There are, the two divorce lawyers warn, no guarantees. A myriad of factors are considered, including the strength of the child's bond to each parent, the child's age, and, most importantly, continuing contact between the child and both parents. The determination of the court will be made based on what the California court considers to be in the best interest of the child.
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