Instead of March Madness, basketball has been in the news lately. For those who have not been tuned in, it’s a very interesting and competitive season!
With that, some off-court dramas have also filled the news. Recently, Minnesota Timberwolves star Anthony Edwards made headlines this month when he declared to waive all rights to the Custody and Visitation of his daughter Aubri, whom Anthony shares with Ayesha Howard.
In this blog, I hope to address the basic questions that one may have when a person has decided to waive their custody and visitation rights.
Can a Party Waive Rights to Custody and Visitation of their Children?
Yes. A party can waive their rights to the custody and visitation rights of their minor children. However, in California, a parent can’t simply indicate to the other parent that they are waiving their rights. The moving party must prove to the Court by “clear and convincing” evidence that waiver has occurred. Once the moving party has done so, the Court will approve the party’s waiver of custody and visitation.
What Does it Mean to Waive Custody and Visitation Rights of the Minor Child?
If a party waives their right to all custody and visitation rights, it means a parent voluntarily relinquishes their legal right to make decisions about their child’s care and well-being and to have contact with them, potentially allowing the other parent, another person, or entity to assume those responsibilities.
This does not mean that the waiving party cannot see their child, only that the discretion of when would be up to the non-waiving party.
Does a Parent Who Waived Their Parental Rights Still Have to Pay Child Support?
Yes. In California, your child support payments and visitation status do not correlate with each other, so if you do not have custody rights or visitation of your children, you may still be required to pay child support. The California Courts have repeatedly held that “financial obligation to support a child rests with both parents, regardless of their custody or visitation arrangements”.
Keep in mind that if a parent has terminated their parental rights, which is a separate legal process, then a parent would not be obligated to pay child support.
How Will Child Support be Calculated Against a Parent Who has Waived Their Custody and Visitation Rights?
The Court does not make any distinction between a parent who has custody and visitation rights and a parent who has waived those rights. Usually, when the Court considers how child support will be based on the “guidelines” methods, it takes into account different factors such as the parties’ income, the time share between the parents, etc.
This has caused debate among his fans, with some criticizing Edwards for sharing his responsibilities as a father, while others argue that he is simply making a legal decision that best suits his circumstances. Regardless of public opinion, this is Edward’s decision and what he feels is best for his relationship with his minor child. A parent choosing to obtain a waiver of visitation and child custody is potentially what could be in the best interest of the child.
If you have any questions on how to waive parental rights or to seek child support from a parent who has, please do not hesitate to contact the attorneys at Butler Law, PC.