Content Overview
Guide to Writing Affidavit Parental Rights
After completing the Affidavit Parental Rights form, it is essential to ensure that all information is accurate and properly documented. This form requires personal details, the child's information, and statements regarding parental obligations. Once filled out, the form will need to be signed in front of a notary public.
- Begin by filling in the state and county at the top of the form.
- In the first blank, write your full name and confirm that you are over the age of 21.
- Provide your current address in the designated space.
- Indicate your age and date of birth.
- Fill in the child's name and their current address.
- Note the child's date of birth and their current age.
- Identify the mother and legal guardian of the child, and provide their name.
- Choose between 5A or 5B by placing an X in the appropriate box and complete the statement regarding your financial obligations.
- State whether you own any property of value in the designated section.
- Explain why you believe termination of your parental rights is in the child's best interest in the provided space. If necessary, attach an additional sheet.
- Provide the name and full address of the biological mother and current legal guardian.
- Acknowledge your understanding of parental rights and duties.
- State your awareness that the relinquishment of parental rights is irrevocable after 11 days.
- Detail the process for revoking the relinquishment, including the name and address of the mother and the requirement for two witnesses.
- Sign the affidavit at the bottom of the form.
- Have a witness sign and print their name where indicated.
- Find a notary public to sign and notarize the document.
Document Breakdown
| Fact Name | Details |
|---|---|
| Purpose | The Affidavit of Voluntary Relinquishment of Parental Rights allows a parent to legally give up their parental rights. |
| Governing Law | State laws govern the process and requirements for relinquishing parental rights. Check local statutes for specifics. |
| Age Requirement | The affiant must be at least 21 years old to execute the affidavit. |
| Child's Information | Details about the child, including name and current address, must be included in the affidavit. |
| Obligation Disclosure | The affiant must indicate whether they are under a court order to make child support payments. |
| Property Ownership | The affidavit requires the affiant to state if they own any property of value. |
| Best Interest Statement | The affiant must provide reasons why terminating the parent-child relationship is in the child’s best interest. |
| Irrevocability | The relinquishment is generally irrevocable after 11 days unless a revocation is filed within that time frame. |
| Revocation Process | If the affiant wishes to revoke the relinquishment, they must follow specific steps, including notifying the other parent and filing with the court. |
FAQ
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 form is typically used when a parent believes that it is in the best interest of the child to terminate the parent-child relationship. It includes important information about the child, the parent, and the reasons for the relinquishment.
Who can fill out this affidavit?
Any parent or legal guardian who is over the age of 21 can complete this affidavit. The individual must have personal knowledge of the statements made in the document and be competent to make the affidavit. It's important that the person filling out the form understands the implications of relinquishing parental rights.
What information do I need to provide?
You will need to provide several key pieces of information, including:
- Your full name and age.
- The child's name and current address.
- The name of the child's mother and legal guardian.
- Your current obligations regarding child support, if any.
- The reasons why you believe that terminating your parental rights is in the child's best interest.
Can I change my mind after signing the affidavit?
Yes, you can revoke your relinquishment of parental rights within 11 days of signing the affidavit. To do this, you must communicate your decision to the child’s mother and provide a written statement, witnessed by two credible persons and verified before an authorized individual. It's crucial to follow the proper procedures to ensure your revocation is valid.
What happens if I do not revoke my relinquishment?
If you do not revoke your relinquishment within the specified 11-day period, your parental rights will be terminated irrevocably. This means that you will no longer have any legal rights or responsibilities regarding the child. It is a significant decision, so it is advisable to consider all implications carefully before proceeding.
Is legal advice recommended before signing the affidavit?
Yes, it is highly recommended to seek legal advice before signing the Affidavit of Voluntary Relinquishment of Parental Rights. An attorney can help you understand the legal consequences of relinquishing your rights and ensure that you are making an informed decision. This step can provide peace of mind and clarity on your rights and obligations.
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Affidavit Parental Rights Example
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 |
support of ______________________________________.
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my
__________________________________ 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
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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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