The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to formally give up their parental rights. This form is crucial for individuals who believe that relinquishing these rights serves the best interest of their child. Understanding its components and implications is essential for anyone considering this significant step.
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that carries profound implications for both the parent and the child involved. This form serves as a formal declaration by a parent who wishes to voluntarily give up their parental rights, and it must be executed with careful consideration. The individual completing the affidavit must provide personal details, including their age and address, as well as information about the child in question, such as their name and current address. A crucial aspect of the form is the acknowledgment of financial obligations, where the parent must indicate whether they are currently under a court order to make child support payments. Additionally, the parent is required to express their belief that the termination of their parental rights is in the best interest of the child, necessitating a thoughtful explanation of the reasons behind this decision. The document also outlines the irrevocable nature of the relinquishment, while providing a limited window for revocation should the parent choose to reconsider their decision. This form not only encapsulates the legal framework surrounding parental rights but also reflects the emotional weight of such a choice, underscoring the importance of understanding the responsibilities and consequences that come with it.
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.)
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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
PAGE 4
The Affidavit of Voluntary Relinquishment of Parental Rights is a significant document in family law, particularly when a parent wishes to terminate their legal rights to a child. It is often accompanied by several other forms and documents that facilitate the legal process and ensure that all parties are informed and protected. Below is a list of commonly used documents in conjunction with this affidavit.
Each of these documents plays a crucial role in the legal process surrounding parental rights. They ensure that the rights of all parties are considered and that the best interests of the child are prioritized. Understanding these forms can help individuals navigate the complexities of family law more effectively.
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Temporary Custody Order Mn - Utilize the form for streamlined communication regarding a child's temporary care.
When filling out and using the Affidavit of Voluntary Relinquishment of Parental Rights form, keep these key takeaways in mind:
An Affidavit of Voluntary Relinquishment of Parental Rights is a legal document in which a parent voluntarily gives up their rights and responsibilities regarding their child. This form is typically used when a parent believes that terminating their parental rights is in the best interest of the child.
The affidavit can be completed by a parent or legal guardian who is over the age of 21 and has personal knowledge of the statements made in the document. It is essential that the individual understands the implications of relinquishing their parental rights.
The affidavit requires several pieces of information, including:
Yes, a parent can revoke their relinquishment of parental rights within 11 days of signing the affidavit. To do this, the parent must communicate their intention to revoke to the other parent and follow specific procedures, including signing a statement witnessed by two credible persons.
If the relinquishment is not revoked within the specified 11-day period, it becomes irrevocable. This means the parent will no longer have any legal rights or responsibilities concerning the child.
Yes, it is highly recommended to seek legal advice before signing the affidavit. Understanding the long-term consequences of relinquishing parental rights is crucial, and a legal expert can provide guidance tailored to individual circumstances.
After signing the affidavit, the parent should ensure that a copy of the document is provided to them. It may also be necessary to file the affidavit with the Clerk of the Court if there is an ongoing legal case regarding the termination of parental rights.
The affidavit form can typically be obtained from local family courts, legal aid organizations, or online legal resources. It is important to ensure that the correct version of the form is used, as requirements may vary by state.
Understanding the Affidavit of Voluntary Relinquishment of Parental Rights can be challenging. Here are seven common misconceptions about this form:
Being informed about these misconceptions can help individuals make better decisions regarding parental rights and responsibilities.