The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to formally give up their parental rights to a child. This process involves a detailed declaration of the parent's identity, the child's information, and the reasons for relinquishing these rights. Understanding this form is crucial for anyone considering such a significant decision, as it outlines both the responsibilities and the implications of this choice.
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that allows a parent to formally give up their rights and responsibilities regarding their child. This form is particularly important for individuals who believe that terminating their parental relationship is in the best interest of the child. It requires the parent to provide personal information, including their age, address, and the child's details, ensuring that all parties are clearly identified. The form also includes a section where the parent must indicate whether they are currently obligated to make child support payments. Importantly, the affidavit emphasizes the irrevocability of the relinquishment after a certain period, while still allowing a brief window for reconsideration. The parent must acknowledge their understanding of their rights and duties, and they are required to follow specific procedures if they choose to revoke their decision within the stipulated timeframe. Witnesses and notary verification are also integral components, ensuring that the process is conducted with the necessary legal oversight. Overall, this affidavit serves as a crucial tool for parents navigating complex emotional and legal landscapes, ensuring that decisions made are both informed and official.
When filling out the Affidavit Parental Rights form, it’s important to be thorough and accurate. Here are some key do's and don'ts to keep in mind:
Before filling out the Affidavit of Voluntary Relinquishment of Parental Rights, ensure that you understand the implications of relinquishing your parental rights. This decision is significant and can have lasting effects on your relationship with your child.
Provide accurate personal information, including your name, age, and address. This information is essential for the legal validity of the affidavit.
Clearly identify the child involved by including their name and current address. This helps to establish the context of the affidavit.
When completing section 5, choose between options 5A and 5B regarding child support obligations. This choice must reflect your current legal obligations accurately.
In section 7, articulate your reasons for believing that terminating your parental rights is in the best interest of your child. This statement may be scrutinized in court, so clarity and sincerity are important.
Be aware that relinquishing parental rights is generally irrevocable after a specified period, typically 11 days. Understand your rights to revoke this decision within that timeframe and the process involved.
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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:_______________________________________ .
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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
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my parent-child relationship with
__________________________________ 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.)
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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 parent-child relationship has been filed, if applicable.
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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
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Misconceptions about the Affidavit Parental Rights form can lead to confusion and unintended consequences. Here are six common misunderstandings: