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 crucial for ensuring that the process is clear and legally binding, protecting the best interests of the child involved. If you need to fill out this form, please click the button below.
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that plays a crucial role in family law. This form allows a parent to voluntarily give up their rights and responsibilities towards their child, usually in circumstances where it is believed that such a decision is in the child's best interest. It requires the parent to provide personal information, including their name, age, and address, as well as details about the child involved. The form also prompts the parent to clarify their financial obligations, indicating whether they are currently required to make support payments. One of the key aspects of this affidavit is the acknowledgment of the irrevocability of the relinquishment, which underscores the seriousness of this decision. Parents are informed that they have a limited time frame—11 days—to revoke their decision, and specific procedures must be followed to do so. Furthermore, the affidavit ensures that the parent is aware of their rights and duties prior to making this significant commitment. It serves not only as a legal instrument but also as a means of safeguarding the child's future by formalizing the parent’s decision with appropriate legal oversight.
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
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
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Understanding the Affidavit of Voluntary Relinquishment of Parental Rights is essential for anyone considering this legal document. However, several misconceptions can lead to confusion. Here are five common misconceptions:
Many believe that once the affidavit is signed, it can be easily revoked whenever the parent changes their mind. In reality, the relinquishment is irrevocable after 11 days unless a formal revocation process is followed. This involves specific steps, including notifying the other parent and having the revocation witnessed.
Some think that relinquishing parental rights means they will lose all contact with their child. While it does terminate legal rights, it does not automatically sever emotional ties or prevent future contact unless specified in a custody agreement.
This document is often misunderstood as being applicable only to those in financial distress. However, any parent may choose to relinquish their rights for various reasons, including the belief that it is in the child's best interest.
Some individuals think that signing the affidavit releases them from all responsibilities regarding the child. However, if there are court-ordered support payments, the parent may still be obligated to fulfill those financial responsibilities until formally terminated by the court.
People often assume that the process for relinquishing parental rights is uniform across the country. In reality, laws and procedures can vary significantly from state to state. It’s important to understand the specific requirements in your state before proceeding.
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant document in matters of parental rights. Along with this affidavit, several other forms and documents may be required to ensure a comprehensive understanding and processing of parental rights issues. Below is a list of commonly used documents that often accompany the affidavit.
Each of these documents plays a crucial role in the legal process surrounding parental rights. Understanding their purpose can help individuals navigate the complexities of these situations more effectively.