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The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that plays a crucial role in the process of terminating parental rights. This form is typically utilized when a parent voluntarily decides to give up their legal rights and responsibilities concerning their child. It begins with a declaration by the parent, affirming their identity and age, and includes essential details about the child, such as their name, age, and current address. The document also requires the parent to disclose whether they are under any court-ordered obligation to provide child support. Importantly, the form addresses the parent’s belief that relinquishing their rights is in the child's best interest, prompting them to articulate their reasons clearly. Moreover, the affidavit emphasizes the irrevocability of the decision after a specified period, while also allowing for a limited window during which the parent can revoke their relinquishment. This process necessitates clear communication and adherence to specific requirements to ensure that the revocation is valid. By signing the affidavit, the parent acknowledges their understanding of their rights and duties, as well as the implications of their decision. Overall, this form serves as a formal acknowledgment of the complex emotions and responsibilities involved in the relinquishment of parental rights.
Common mistakes
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Incomplete Information: Failing to fill in all required personal details can lead to delays. Ensure that every blank is filled out accurately, including names, addresses, and dates.
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Not Choosing Between Options: When reaching section 5, neglecting to select either 5A or 5B can invalidate the form. Clearly mark your choice with an "X" to avoid confusion.
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Missing Signatures: The absence of required signatures is a common oversight. Both the affiant and witnesses must sign the document to ensure it is legally binding.
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Ignoring Revocation Rights: Some individuals overlook the importance of understanding their right to revoke the relinquishment. Familiarize yourself with the conditions under which you can change your mind.
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Failure to Provide Additional Information: If more space is needed to explain reasons for relinquishment, attaching an additional sheet is essential. Don’t forget to number it accordingly.
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Not Consulting a Professional: Attempting to fill out the form without legal guidance can lead to errors. Seeking advice can help clarify the process and ensure that all aspects are correctly addressed.
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Key takeaways
Here are some key takeaways about filling out and using the Affidavit of Parental Rights form:
- Personal Information: Clearly provide your full name, age, and address. This information establishes your identity and eligibility to complete the affidavit.
- Child's Details: Include the child's name, address, date of birth, and current age. Accurate information is crucial for legal clarity.
- Financial Obligations: Indicate whether you have any court-ordered financial obligations for child support. This is important for understanding your responsibilities.
- Best Interest Statement: You must explain why terminating your parental rights is in the child's best interest. This section allows you to express your reasoning.
- Revocation Period: Be aware that you can revoke your relinquishment within 11 days. If you decide to do so, follow the specified procedure to ensure it is legally valid.
Affidavit Parental Rights Example
Affidavit of Voluntary Relinquishment of Parental Rights
STATE OF: ___________ COUNTY OF:____________ COUNTRY: USA
BEFORE ME, the undersigned authority, on this day personally appeared
________________________, a person known to me, who, upon his oath, deposed
and stated as follows:
1.“My name is _____________________________, I am over the age of 21. I have personal knowledge of the statements made herein and am otherwise competent to make this affidavit.”
2.I reside at
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
I am _________ years of age and was born on ____________________.
3._______________________is the name of the child. Her/His present address is:
__________________________________________________________________.
________________________________was born on _______________________and is currently ___________________years old.
4._________________________________is the mother and legal guardian
of:_______________________________________ .
PAGE 1
5.Choose one (5A or 5B) by placing an X in the box in front of the statement and completing the statement.
5A. |
[ |
] I am not presently under an obligation by court order to make payments for the |
support of ______________________________________. |
||
or |
|
|
5B. |
[ |
] I am presently under an obligation by court order to make payments for the |
support of ______________________________________.
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my
__________________________________ is in her/his (circle one) best interest for the following reason (s):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
(If more space is needed, attach an additional sheet and number it 7.)
PAGE 2
8.____________________________________________ is biological mother and current legal guardian of___________________________________
and resides at
______________________________________________________________(full address: street, city, state, zip).
9.I have been informed of parental rights and duties and herein acknowledge both the nature and extent of these rights and duties and my relinquishment of said rights and duties.
10.I am aware that my relinquishment of parental rights with respect to
_____________________________________is irrevocable (beyond the period of 11 days set forth in paragraph #11).
11.I acknowledge my right, which is evidenced by my execution of this Affidavit, to revoke this relinquishment if done so before the 11th day after the date of this Affidavit.
12.Should I choose to revoke this relinquishment, I understand that my revocation is to be communicated to ____________________________________(mother) at
___________________________________________, with telephone number (____) _________________________________ .
I understand that, to revoke this relinquishment, I must sign a statement witnessed by two (2) credible persons and verified before a person authorized to take oaths. I understand that this statement must
be delivered to _________________________________(mother) at the above
address and that a copy shall also be filed with the Clerk of the Court in which the suit for termination of the
PAGE 3
13.My signature below additionally evidences that a copy of this Affidavit has been provided to me at the time of my signature and execution.
FURTHER AFFIANT SAYETH NOT.
Affiant
SWORN TO and subscribed before me on this day of _______________ 20____.
Notary Public in and for the State of __________________________. My Commission
Expires:__________________________________
Signature of Notary_______________________________________
________________________________SIGNATURE OF WITNESS
________________________________ Witness Name Printed
PAGE 4
Understanding Affidavit Parental Rights
What is an Affidavit of Voluntary Relinquishment of Parental Rights?
An Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights. This form is typically used when a parent believes that it is in the best interest of the child to terminate their parental relationship.
Who can complete this affidavit?
Only the biological parent of the child can complete this affidavit. The individual must be over the age of 21 and competent to make the statements included in the document.
What information is required on the form?
The form requires various details, including:
- Your full name and age.
- The name and address of the child.
- The name of the child's mother or legal guardian.
- Your obligations regarding child support.
- Your reasons for relinquishing parental rights.
Can I change my mind after signing the affidavit?
You have the right to revoke your relinquishment within 11 days of signing the affidavit. To do this, you must communicate your decision to the child's mother and follow specific procedures, including having your revocation statement witnessed.
What happens if I do not revoke my relinquishment?
If you do not revoke your relinquishment within the 11-day period, your parental rights will be permanently terminated. This means you will no longer have any legal rights or responsibilities regarding the child.
What are the consequences of signing this affidavit?
By signing this affidavit, you acknowledge that you are giving up your parental rights and responsibilities. This includes the right to make decisions regarding the child's upbringing, education, and welfare. It is a significant decision that should not be taken lightly.
Do I need a witness to sign the affidavit?
Yes, the affidavit must be signed in the presence of a notary public. Additionally, if you choose to revoke your relinquishment, that statement must also be witnessed by two credible individuals.
Where should I file the affidavit?
The affidavit should be filed with the Clerk of the Court where the termination of the parent-child relationship is being processed. Make sure to keep a copy for your records.
What if I need more space to explain my reasons?
If you need additional space to provide your reasons for relinquishing your parental rights, you can attach an extra sheet to the affidavit. Just remember to number that sheet appropriately.
How to Use Affidavit Parental Rights
Completing the Affidavit Parental Rights form is a crucial step in the process of relinquishing parental rights. After filling out the form, it will need to be submitted to the appropriate legal authority, typically a court. Be sure to follow all steps carefully to ensure accuracy and compliance with legal requirements.
- Begin by entering the state and county where the affidavit is being executed at the top of the form.
- In the space provided, write your full name and confirm that you are over 21 years of age.
- Provide your current address, including street, city, state, and zip code.
- Fill in your age and date of birth.
- Enter the name of the child whose parental rights you are relinquishing, along with their current address and date of birth.
- Indicate the child's current age.
- Identify the mother and legal guardian of the child, filling in the necessary details.
- Choose one of the options in section 5 (5A or 5B) and mark it with an X. Complete the statement as directed.
- State whether you currently own any property of value, indicating "yes" or "no" as applicable.
- Explain why you believe that terminating your parental rights is in the child's best interest. Provide your reasons in the space provided.
- Identify the biological mother and current legal guardian, along with her complete address.
- Acknowledge that you have been informed of your parental rights and duties, and confirm your understanding of the relinquishment.
- Recognize that your relinquishment of parental rights is irrevocable after 11 days, as stated in the form.
- Note your right to revoke the relinquishment within the 11-day period and provide the necessary contact information for the mother.
- Sign the affidavit, and ensure a witness also signs the document, along with their printed name.
- Finally, have the affidavit notarized by a notary public, who will also provide their signature and commission expiration date.