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Fill Out Your Affidavit Parental Rights Form

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 is typically initiated when a parent believes that terminating their parental relationship is in the child's best interest. Understanding the contents and implications of this affidavit is crucial for anyone considering this significant step.

Form Sample

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 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.)

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 parent-child relationship has been filed, if applicable.

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

Misconceptions

Understanding the Affidavit of Voluntary Relinquishment of Parental Rights is crucial. Here are nine common misconceptions about this form:

  1. It can be completed without legal advice. Many believe they can fill out this form without guidance. However, consulting a legal expert ensures that all implications are understood.
  2. It automatically terminates parental rights. Some think that signing this affidavit instantly ends their parental rights. In reality, the process involves legal review and may require court approval.
  3. Revocation is simple and straightforward. Many assume they can easily change their mind after signing. Revocation must occur within a specific timeframe and involves a formal process.
  4. All parental rights can be relinquished at any time. Some individuals believe they can relinquish rights whenever they choose. This form has strict guidelines and timelines that must be followed.
  5. The affidavit does not need to be notarized. It is a common misconception that notarization is optional. In fact, a notary must witness the signing for the affidavit to be valid.
  6. Children's interests are not considered. Some think that the affidavit focuses solely on the parent's wishes. However, the best interest of the child is a primary consideration in the process.
  7. It can be used for any legal purpose. Many people believe this affidavit is a catch-all document. It is specifically designed for relinquishing parental rights, not for other legal matters.
  8. Signing means you will never see your child again. Some fear that relinquishing rights means a complete severance of all ties. This is not always the case, as visitation rights may still be negotiated.
  9. Once signed, the decision cannot be revisited. There is a belief that signing is final. While it is a serious decision, there are legal avenues for revocation within the specified timeframe.

Being informed about these misconceptions can help individuals make better decisions regarding parental rights.

Key takeaways

Filling out the Affidavit of Voluntary Relinquishment of Parental Rights form is an important process that requires careful attention to detail. Here are some key takeaways to keep in mind:

  • Understand the Purpose: This affidavit is a legal document that allows a parent to voluntarily give up their parental rights. It’s crucial to know that this decision is significant and can have lasting effects.
  • Eligibility: The person completing the affidavit must be over the age of 21 and have personal knowledge of the statements made in the document.
  • Provide Accurate Information: Ensure that all personal details, including names, addresses, and dates, are filled out correctly. Mistakes can lead to complications later on.
  • Choose the Right Option: In section 5, you must select whether you are currently obligated by court order to make child support payments. Make sure to mark the correct box and provide the necessary details.
  • State the Reasons: Section 7 requires you to explain why you believe that terminating your parental rights is in the best interest of the child. Be clear and thoughtful in your reasoning.
  • Irrevocability: Understand that relinquishing your parental rights is generally irreversible after a specified period. Familiarize yourself with the time frame mentioned in the document.
  • Revocation Process: If you change your mind, you have the right to revoke your relinquishment within 11 days. Follow the outlined steps carefully to ensure your revocation is valid.
  • Witness Requirements: To revoke your decision, you must sign a statement in front of two credible witnesses and have it verified by an authorized person. This adds an important layer of legitimacy to your revocation.

Taking the time to understand these key points can help ensure that the process goes smoothly and that all parties involved are fully informed of their rights and responsibilities.

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