Jessica Byulnim Cha’s Answers

Jessica Byulnim Cha

Santa Ana Family Law Attorney.

Contributor Level 6
  1. Im U.S Citizen by birth.My child was born in MX,where I currently live.What steps do I take in order for us to live in the U.S.

    Answered 5 months ago.

    1. Jessica Byulnim Cha
    2. Harris Justin Brumer
    3. Lynne Rogers Feldman
    4. Shadi Sheidayi
    4 lawyer answers

    If you are a US Citizen and you delivered your child in Mexico, did you register the birth with the US Embassy so that your child might also be able to obtain US Citizenship? http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html this website has some basic information on submitting an application to register your child. If you are able to register your child, you may also be able to obtain a passport. Please check with the embassy or consulate. They should...

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  2. FL170 Declaration for Default or Uncontested and FL 180 Judgement - NOT Seeking Child Support

    Answered 6 months ago.

    1. Jessica Byulnim Cha
    2. Edna Carroll Straus
    3. Vincent D. Ward Jr.
    4. Lilian Demonteverde-Hoats
    4 lawyer answers

    If you have minor children from the marriage, you need to address the issue of child support even if you did not ask for it in the petition. Under California law, you can never waive child support or agree never to ask for it. I have not reviewed your paperwork and do not practice in Sacramento, but based on your question I believe the court wants you to address the issue of child support on the judgment by reserving jurisdiction on the issue of child support. You would check off the...

    4 lawyers agreed with this answer

  3. An order directed to a party in open court on the record in the presence of that party, can it be enforced if not on min order?

    Answered 5 months ago.

    1. Jessica Byulnim Cha
    2. Judith Ann Routledge
    2 lawyer answers

    There are a couple pieces of information missing in your question, but I will try to answer as best as possible. Typically when attorneys appear in family court and orders are given by the judge, the lawyers will prepare a "findings and order after hearing". There are time constraints on preparing a findings and order after hearing but there is also some wiggle room if it's not done in a timely manner. There is also a requirement that your proposed findings and order after hearing is...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have sole legal and physical custody of my children.

    Answered 6 months ago.

    1. Jessica Byulnim Cha
    2. Carla Leslie Hartley
    3. Jylan M. Megahed
    3 lawyer answers

    Generally speaking, parents can agree to visitation arrangements without court approval if they think it's in the best interest of the children, assuming there isn't a restraining order in place. If there is a restraining order I would suggest you go back to court for a modification of the restraining order so that she is not in violation every time she sees the children. If the order was part of a standard custody and visitation order that was obtained through a regularly scheduled hearing, I...

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  5. Can I move out of the country w/my daughter if I have full custody?Or do I need my ex’s permission?What’s considered abandonment

    Answered 4 months ago.

    1. Jessica Byulnim Cha
    1 lawyer answer

    If you have a permanent order for sole legal and physical custody you have the presumptive right to move away with your daughter. You need to first make 100% sure that you in fact have a permanent order and not a temporary order. Custody can always be modified until the child reaches the age of majority so permanent does not equal forever. Since the father still has a right to bring an action in court to modify custody, you can't just take unilateral action to move with your daughter. If...

    2 lawyers agreed with this answer

  6. Should I sign a post nuptial agreement after 5 years of marriage? I worry it will just make it easy to get rid of me.

    Answered 5 months ago.

    1. Jessica Byulnim Cha
    2. Keo'Vonne Kenna Wilson
    3. Ilian Alchehayed
    3 lawyer answers

    Do not sign anything without consulting with an attorney! The laws regarding prenuptial and post nuptial agreements are very strict and must be followed exactly. I can't answer your specific question about whether or not the terms are reasonable since these agreements hinge on exact and fully disclosed financial information. Please take my advice and consult with a family law attorney immediately.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Filing for child custody while attending dependency court.

    Answered 4 months ago.

    1. Wail Sarieh
    2. Jessica Byulnim Cha
    2 lawyer answers

    You must cooperate and do everything that DCFS wants you to do even if you do not agree with their recommendations or findings. You really do not have a choice. If you want a fighting chance for custody/visitation/access to your child you have to conduct yourself as if cooperating with DCFS is the only way it will happen for you...because it is. You need to understand that the sole purpose of DCFS is to protect the child and do what is best for the child regardless of the feelings of the...

    1 lawyer agreed with this answer

  8. I believe I have the wrong father on my son's birth certificate, what can I do to establish paternity?

    Answered 5 months ago.

    1. Jessica Byulnim Cha
    1 lawyer answer

    You need to file an Action to Establish Parentage in your local family law court. You will need a DNA test to prove paternity. Your ex-boyfriend can voluntarily take the test, or if he won't do it, the court will order a DNA test. You can find the forms and basic information on the California Court's website http://www.courts.ca.gov/selfhelp-parentage.htm. Good luck!

    1 person marked this answer as helpful

  9. What are my rights as a mother with kids if I'm not married to their Father ? He is biological Father on the birth certificate

    Answered 4 months ago.

    1. Jessica Byulnim Cha
    1 lawyer answer

    It does not matter that you are not married to the father of your children. As parents both of you have legal rights to the children. You will have to file a request with the court for orders for custody and visitation in order to have an order from the court clearly defining each of your rights. I don't know if he signed an acknowledgment of paternity at the hospital when the children were born, so I cannot tell you if you can do it as a regular request to the court or if you are going to...

  10. Mandatory Settlement Conference, Declaration and Disclosure not received from spouse. What are my options? both pro per

    Answered 4 months ago.

    1. Jessica Byulnim Cha
    1 lawyer answer

    It is hard to answer your question because there are many pieces of missing information. I do not know if you have made an appearance in the case or if you are letting it go by default but that is a question that must be answered first. If both parties have appeared in a case, both parties are legally required to exchange preliminary declarations of disclosure and file that declaration with the court. If the case is proceeding by default, the active party in the case much file the...