Get Affidavit Parental Rights Form in PDF Open Editor

Get Affidavit Parental Rights Form in PDF

The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to formally give up their parental rights to their child. This process is often undertaken when it is believed that such a decision is in the child's best interest. Understanding the implications and requirements of this affidavit is crucial for anyone considering this significant step.

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What to Know About This Form

  1. What is an Affidavit of Parental Rights?

    An Affidavit of Parental Rights is a legal document that allows a parent to voluntarily relinquish their parental rights over a 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.

  2. Who should use this affidavit?

    This affidavit is intended for parents who wish to give up their parental rights. It may be used in situations where a parent feels unable to provide proper care or support for their child, or when they believe another guardian can provide a better environment for the child.

  3. What information is required to complete the affidavit?

    To complete the affidavit, you will need to provide your name, age, address, the name and age of the child, and the name of the child's mother or legal guardian. Additionally, you must indicate whether you have any court-ordered support obligations and explain why you believe relinquishing your rights is in the child's best interest.

  4. Is the relinquishment of parental rights permanent?

    Yes, the relinquishment of parental rights is generally considered irrevocable after the specified period, which is typically 11 days. During this time, you can change your mind, but after this period, the decision is final.

  5. How can I revoke my relinquishment?

    If you decide to revoke your relinquishment, you must do so within 11 days of signing the affidavit. This involves signing a statement in front of two credible witnesses and having it verified by a notary public. The revocation must then be delivered to the child's mother or legal guardian and filed with the court if applicable.

  6. What happens if I do not revoke my relinquishment?

    If you do not revoke your relinquishment within the specified time frame, your parental rights will be permanently terminated. This means you will no longer have legal rights or responsibilities toward the child.

  7. Do I need a lawyer to complete this affidavit?

    While it is not strictly necessary to have a lawyer to complete the affidavit, it is highly recommended. A legal professional can provide guidance on the implications of relinquishing your rights and ensure that the document is filled out correctly.

  8. What are the potential consequences of signing this affidavit?

    Signing this affidavit can have significant consequences, including the loss of your legal rights to make decisions for your child, such as education and healthcare. It may also affect your financial responsibilities, depending on the circumstances surrounding the relinquishment.

  9. Can I change my mind after signing the affidavit?

    You can change your mind and revoke the affidavit within 11 days of signing it. After this period, the relinquishment becomes permanent, and you cannot reclaim your parental rights.

  10. Where do I file the affidavit?

    The affidavit should be filed with the Clerk of the Court in the jurisdiction where the termination of parental rights is being processed. It is important to keep a copy of the affidavit for your records as well.

Misconceptions

  • Misconception 1: The Affidavit Parental Rights form can be revoked at any time.
  • This is not true. Once you sign this form, your relinquishment of parental rights is generally irrevocable after the specified period, unless you act within that timeframe to revoke it.

  • Misconception 2: Signing the form means you will never see your child again.
  • This is a common fear, but it is important to understand that relinquishing parental rights does not automatically eliminate all contact. The specifics depend on the circumstances and any agreements made.

  • Misconception 3: You can fill out the form without understanding its implications.
  • This is a serious error. It is crucial to fully understand what relinquishing parental rights entails before signing the form. Seek guidance if needed.

  • Misconception 4: The form is only for parents who are abandoning their children.
  • This form is often used in various situations, not just abandonment. It can be used when a parent believes it is in the child's best interest to terminate the parent-child relationship.

  • Misconception 5: You don’t need witnesses to sign the form.
  • Witnesses are required to ensure the validity of the affidavit. You must have two credible witnesses sign your statement to finalize the process.

  • Misconception 6: All parental rights can be relinquished without any legal process.
  • Relinquishing parental rights usually involves a legal process. This form is part of that process and should be filed with the appropriate court.

  • Misconception 7: The form guarantees that your child will be placed in a specific home.
  • This form does not dictate where the child will go after the relinquishment. Placement decisions are made by the court or child welfare agencies based on the child's best interests.

Form Breakdown

Fact Name Description
Purpose The Affidavit of Voluntary Relinquishment of Parental Rights allows a parent to voluntarily give up their legal rights to their child.
Governing Law Each state has its own laws governing parental rights relinquishment. For example, in California, it is governed by Family Code Section 7822.
Age Requirement The individual signing the affidavit must be at least 21 years old, ensuring they are legally competent to make this decision.
Irrevocability The relinquishment of parental rights is generally irrevocable after a specified period, typically 11 days, unless a revocation is properly executed.
Child's Information The affidavit requires detailed information about the child, including their name, current address, and date of birth.
Support Obligations Signers must indicate whether they are currently under a court order to provide financial support for the child.
Witness Requirement To revoke the relinquishment, the individual must sign a statement witnessed by two credible persons and verified by an authorized official.
Legal Guardian's Role The affidavit must identify the current legal guardian, who retains parental rights after the relinquishment.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays or rejections. Ensure every section is completed with accurate details.

  2. Incorrect Signatures: All necessary parties must sign the document. Missing signatures can invalidate the affidavit.

  3. Notarization Issues: The affidavit must be notarized. Forgetting this step can result in the document being deemed unofficial.

  4. Choosing the Wrong Option: When selecting between 5A and 5B, make sure to mark the correct statement. An incorrect choice can misrepresent your obligations.

  5. Failure to Provide Supporting Reasons: When stating why the relinquishment is in the child's best interest, provide clear and concise reasons. Vague statements can weaken your case.

  6. Neglecting Revocation Instructions: If you wish to revoke the relinquishment, ensure you follow the outlined procedure. Ignoring these details can result in the relinquishment being permanent.

  7. Incorrect Contact Information: Providing inaccurate contact details for the mother or legal guardian can complicate communication and the revocation process.

  8. Not Keeping Copies: Failing to keep a copy of the signed affidavit for your records can lead to issues later on. Always retain a personal copy.

Preview - 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:_______________________________________ .

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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 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.)

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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 parent-child relationship has been filed, if applicable.

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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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