Online Form Templates

Online Form Templates

Homepage Affidavit Parental Rights PDF Form
Table of Contents

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 essential for individuals who believe that terminating their parental relationship is in the best interest of the child. It includes crucial details such as the names and ages of both the parent and the child, as well as the current living arrangements. The affidavit requires the parent to affirm their understanding of their parental rights and duties, indicating that they are relinquishing these rights voluntarily and irrevocably, except for a specific 11-day revocation period. The form also provides space for the parent to explain their reasons for this decision, emphasizing the importance of considering the child's welfare. Additionally, it outlines the steps for revocation, should the parent choose to reconsider their decision within the allowed timeframe. Witnessing and notarization are also required to ensure the document's validity, making it a formal and legally binding declaration.

Common mistakes

  1. Incomplete Personal Information: Failing to fill out all required personal details, such as full name, age, and address, can lead to delays or rejection of the form.

  2. Incorrect Child Information: Providing inaccurate information about the child, including name, age, or address, may result in complications during processing.

  3. Improper Selection of Payment Obligation: Not clearly indicating whether there is a current court order for child support can create confusion. Ensure to check either 5A or 5B and complete the statement accurately.

  4. Missing Reasons for Relinquishment: Leaving the section for reasons of relinquishment blank or vague can weaken the case. Clear and detailed explanations are essential.

  5. Failure to Acknowledge Irrevocability: Not understanding or acknowledging that the relinquishment is irrevocable after 11 days can lead to unexpected consequences. Read this section carefully.

  6. Improper Revocation Process: Not following the correct procedure for revoking the relinquishment, including the need for witnesses and filing with the Clerk of the Court, can invalidate any attempts to retract the affidavit.

Example - Affidavit Parental Rights Form

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

More About Affidavit Parental Rights

What is the Affidavit of Voluntary Relinquishment of Parental Rights?

The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights to their child. This process is significant and should be approached with careful consideration. By signing this affidavit, the parent acknowledges that they understand the implications of relinquishing their rights, which include the loss of legal authority over the child’s upbringing and decisions regarding their welfare. It is essential to recognize that this decision is irrevocable after a specified period, typically 11 days, unless a formal revocation process is followed.

Who should consider using this affidavit?

This affidavit is primarily intended for parents who believe that terminating their parental rights is in the best interest of their child. Situations may vary widely; for instance, a parent may be facing personal challenges, financial instability, or may feel that another guardian can provide a better environment for the child. It is crucial for anyone considering this option to seek legal advice to fully understand the consequences and ensure that this decision aligns with the child's best interests.

What steps must be taken to revoke the relinquishment?

If a parent decides to revoke their relinquishment of parental rights, they must act within the 11-day period following the signing of the affidavit. The revocation must be communicated to the other parent or legal guardian in writing. This statement must be signed in the presence of two credible witnesses and notarized. Furthermore, a copy of the revocation should be filed with the Clerk of the Court if there is an ongoing legal proceeding regarding the termination of parental rights. Following these steps ensures that the revocation is legally recognized and effective.

What are the potential consequences of signing this affidavit?

Key takeaways

When filling out and using the Affidavit Parental Rights form, it is essential to understand the following key points:

  • The form serves as a legal document for voluntarily relinquishing parental rights.
  • It is necessary to provide personal information, including the name, age, and address of the affiant, as well as details about the child.
  • Affiants must choose between two statements regarding their financial obligations towards the child, indicating whether they are currently under a court order for support.
  • Providing a valid reason for the relinquishment is crucial. This should reflect the best interests of the child.
  • Affiants should be aware that the relinquishment is irrevocable after 11 days, unless a revocation is properly executed.
  • To revoke the relinquishment, a signed statement must be witnessed by two credible individuals and submitted to the child's mother and the court.
  • It is important to acknowledge understanding of parental rights and duties before signing the affidavit.
  • Lastly, affiants must ensure they receive a copy of the completed affidavit at the time of signing.

Form Attributes

Fact Name Description
Purpose The Affidavit of Voluntary Relinquishment of Parental Rights is used to formally give up parental rights.
Governing Law In many states, the relinquishment of parental rights is governed by family law statutes, such as the Uniform Parentage Act.
Age Requirement The person signing the affidavit must be at least 21 years old.
Irrevocability Once signed, the relinquishment is generally considered irrevocable after a specified period, typically 11 days.
Notification of Revocation If the signer wishes to revoke the relinquishment, they must notify the other parent and follow specific procedures.
Witness Requirement The revocation must be witnessed by two credible persons and verified before an authorized official.
Child's Information The affidavit requires detailed information about the child, including their name and current address.
Legal Guardian The affidavit must identify the legal guardian of the child, ensuring that all parties are clearly defined.

Dos and Don'ts

When filling out the Affidavit Parental Rights form, it’s important to approach the process carefully. Here are some guidelines to help you navigate it successfully.

  • Do read the entire form thoroughly before starting to fill it out.
  • Do provide accurate and complete information, especially regarding names and addresses.
  • Do ensure that you are over the age of 21, as required by the form.
  • Do consult with a legal professional if you have any questions or concerns about the implications of relinquishing parental rights.
  • Do sign the affidavit in the presence of a notary public to ensure its validity.
  • Don't leave any sections blank; if something does not apply, indicate that clearly.
  • Don't rush through the form; take your time to ensure everything is correct.
  • Don't forget to keep a copy of the signed affidavit for your records.
  • Don't assume that you can change your mind easily; understand that the relinquishment is irrevocable after a certain period.