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Homepage ⇢ Free Affidavit Parental Rights Form
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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

Common mistakes

Filling out the Affidavit Parental Rights form is a significant step, and it’s crucial to get it right. Many individuals make common mistakes that can complicate or even invalidate the process. Here are six mistakes to avoid.

One frequent error is failing to provide complete personal information. When filling out the form, it’s essential to include your full name, age, and address. Omitting any of this information can lead to delays or questions about your identity. For example, if you leave out your age or current address, it may raise concerns during the review process.

Another mistake involves incorrectly choosing between options 5A and 5B. The form requires you to indicate whether you are under a court-ordered obligation for child support. Failing to mark either box or making an incorrect selection can lead to misunderstandings about your financial responsibilities. Make sure to read both options carefully and choose the one that accurately reflects your situation.

Many people also overlook the importance of providing a clear reason for relinquishing parental rights. In section 7, you need to explain why you believe terminating the parent-child relationship is in the child's best interest. Vague or unclear statements can weaken your case. Take the time to articulate your thoughts clearly and specifically to avoid confusion.

Additionally, neglecting to include the correct details about the child is a common issue. Ensure that you accurately list the child’s name, current address, and date of birth. Errors in this section can lead to complications in the legal process and may require you to redo the form.

Another mistake is not understanding the irrevocability of the relinquishment. It’s vital to grasp that once you sign the affidavit, your decision is generally final after the specified period. Many individuals fail to recognize the implications of this and may later wish to reverse their decision, only to find that it’s too late.

Finally, forgetting to have the affidavit properly witnessed and notarized can invalidate the document. The form requires signatures from witnesses and a notary public to confirm its authenticity. Skipping this step may result in your affidavit being rejected, so ensure that you complete this part thoroughly.

Dos and Don'ts

When filling out the Affidavit Parental Rights form, it is important to follow specific guidelines to ensure accuracy and compliance. Below are five things you should and should not do:

  • Do provide accurate personal information, including your name, age, and address.
  • Do clearly state the name and details of the child involved in the affidavit.
  • Do choose between options 5A and 5B and complete the statement accurately.
  • Do acknowledge your understanding of parental rights and the irrevocability of the relinquishment.
  • Do ensure that your signature is witnessed and notarized as required.
  • Don't leave any sections blank; all required information must be filled out.
  • Don't provide false or misleading information, as this can have legal consequences.
  • Don't forget to attach any additional sheets if more space is needed for your explanation.
  • Don't overlook the requirement to communicate any revocation properly, as outlined in the affidavit.
  • Don't sign the affidavit without reading and understanding all terms and implications.
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Similar forms

  • Affidavit of Voluntary Relinquishment of Parental Rights: This document allows a parent to voluntarily give up their parental rights. It requires personal details about the parent and child, and it includes statements regarding the best interest of the child.
  • Parental Consent Form: Similar to the Affidavit, this form requires a parent’s consent for specific actions regarding their child, such as adoption or medical procedures. It also emphasizes the understanding of rights and obligations.
  • Termination of Parental Rights Petition: This document is filed in court to formally request the termination of parental rights. It outlines reasons for the request and often requires a hearing, unlike the Affidavit, which is a more straightforward declaration.
  • Power of Attorney for Child: This document allows a parent to grant another individual authority to make decisions for their child. It shares similarities in that it addresses parental rights and responsibilities but focuses on delegation rather than relinquishment.
  • Texas Last Will and Testament: This crucial legal document grants individuals the ability to specify how their assets will be managed after their passing, ensuring their wishes are fulfilled and preventing disputes among survivors. For further guidance, refer to TopTemplates.info.
  • Child Custody Agreement: This document outlines the terms of custody between parents. It addresses rights and responsibilities regarding the child, similar to the Affidavit, but is often more focused on ongoing arrangements rather than relinquishment.
  • Guardianship Agreement: This document establishes a guardian for a child when the parents are unable to care for them. It is similar in that it involves parental rights but is focused on the appointment of a guardian rather than the termination of rights.