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Affidavit Parental Rights Template

The 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 often used in situations where it is believed that terminating the parent-child relationship is in the child's best interest. If you need to fill out this form, please click the button below.

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Structure

The Affidavit of Voluntary Relinquishment of Parental Rights form serves as a legal document through which a parent voluntarily relinquishes their rights concerning their child. This form requires the parent to provide personal information, including their name, age, and address, as well as details about the child, such as their name, age, and current residence. The form includes statements regarding any existing obligations for child support, allowing the parent to clarify their financial responsibilities. Additionally, it emphasizes the importance of the child's best interests, prompting the parent to articulate reasons for the relinquishment. The document also outlines the parent's understanding of their rights and duties, ensuring that they acknowledge the irrevocability of the decision after a specified period. Furthermore, it provides a mechanism for revocation within 11 days, detailing the process that must be followed to reverse the relinquishment. Witnesses are required to validate the signing of the affidavit, reinforcing the form's legal standing. This structured approach ensures that the parent is fully informed of the implications of their decision, while also safeguarding the rights of the child involved.

Instructions on How to Fill Out Affidavit Parental Rights

After completing the Affidavit Parental Rights form, it is essential to ensure that all information is accurate and that the document is signed in the presence of a notary public. This step is crucial for the validity of the affidavit. Once notarized, the form may need to be submitted to the appropriate court or agency, depending on your specific situation.

Begin by entering the state and county at the top of the form.
In the first section, provide your full name and confirm that you are over 21 years old. State that you have personal knowledge of the information you will provide.
Next, fill in your current address, age, and date of birth.
Provide the name of the child and their current address, along with their date of birth and age.
Identify the mother and legal guardian of the child.
In section 5, select either 5A or 5B by placing an X in the corresponding box and complete the statement regarding any court-ordered child support obligations.
State whether you own any property of value, indicating "none" if applicable.
Explain your reasons for believing that terminating your parental rights is in the best interest of the child. Provide detailed responses in the space provided.
Identify the biological mother and current legal guardian of the child, along with their full address.
Acknowledge your understanding of parental rights and duties, and your relinquishment of those rights.
State your awareness that relinquishment of parental rights is irrevocable after 11 days.
Explain your right to revoke this relinquishment within the specified timeframe and provide the necessary contact information for the mother.
Sign the affidavit in the designated area, confirming that you have received a copy of the completed form.
Have the affidavit notarized by a notary public, ensuring that the notary's signature and commission expiration date are included.
Have a witness sign the form and print their name as required.

Key takeaways

Filling out the Affidavit of Voluntary Relinquishment of Parental Rights form is a significant step that requires careful attention. Here are key takeaways to consider:

Understand the Purpose: This affidavit is a legal document that allows a parent to voluntarily relinquish their parental rights.
Eligibility: The individual completing the form must be over the age of 21 and have personal knowledge of the statements made.
Child's Information: Accurate details about the child, including their name and current address, must be provided.
Obligations: Clearly indicate whether there is an existing court order for child support by choosing between options 5A and 5B.
Reason for Relinquishment: Provide a thoughtful explanation of why terminating the parent-child relationship is in the child's best interest.
Irrevocability: Be aware that the relinquishment is generally irrevocable after a specific period, typically 11 days.
Revocation Rights: If you choose to revoke your relinquishment, it must be done within the designated time frame and requires specific procedures.
Witness Requirement: The revocation statement must be witnessed by two credible persons and notarized.
Keep Copies: Ensure that you receive a copy of the completed affidavit for your records.

Taking the time to understand each aspect of this form can help ensure that the process goes smoothly and that all legal requirements are met.

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Documents used along the form

The Affidavit of Voluntary Relinquishment of Parental Rights is a significant document in the process of terminating parental rights. Alongside this affidavit, several other forms and documents are commonly used to ensure that all legal requirements are met. Below is a list of these documents, each with a brief description.

Petition for Termination of Parental Rights: This document formally requests the court to terminate the parental rights of an individual. It outlines the reasons for the request and provides necessary details about the child and parents involved.
Consent to Adoption: This form is used when a parent voluntarily agrees to allow their child to be adopted. It signifies that the parent relinquishes all rights and responsibilities toward the child.
Notice of Hearing: This document informs all relevant parties about the scheduled court hearing regarding the termination of parental rights. It ensures that everyone has the opportunity to attend and present their case.
Affidavit of Service: This affidavit confirms that all parties involved have been properly notified of the proceedings. It is crucial for maintaining the integrity of the legal process.
Child's Birth Certificate: This official document provides proof of the child's identity and date of birth. It is often required to establish legal relationships and rights.
Financial Disclosure Statement: This form outlines the financial circumstances of the parent relinquishing rights. It helps the court assess any child support obligations or financial responsibilities.
Parenting Plan: If applicable, this document outlines the proposed arrangements for the child's care, including visitation rights and responsibilities of the remaining parent or guardian.
Psychological Evaluation Report: In some cases, the court may require a psychological evaluation of the parent seeking to terminate rights. This report assesses the parent’s mental health and its impact on the child's welfare.
Waiver of Notice: This form may be signed by a parent or guardian who voluntarily waives their right to receive notice of the proceedings. It streamlines the process when all parties agree.

Each of these documents plays a crucial role in the legal process surrounding the termination of parental rights. Proper completion and submission of these forms ensure that the rights and responsibilities of all parties are clearly defined and upheld.

Sample - 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

Dos and Don'ts

When filling out the Affidavit Parental Rights form, it is essential to approach the process carefully. Here are some important dos and don'ts to keep in mind:

Do read the entire form thoroughly before starting to fill it out.
Do provide accurate and complete information about yourself and the child.
Do sign the affidavit in front of a notary public to ensure it is legally valid.
Do keep a copy of the completed affidavit for your records.
Don't leave any required fields blank; incomplete forms may be rejected.
Don't use white-out or erasers on the form; corrections should be initialed instead.
Don't forget to include the child's full name and accurate birth date.
Don't rush through the process; take your time to ensure everything is correct.