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Free Affidavit Parental Rights Template

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 significant and often irreversible, as it can profoundly impact the child's future and the parent's legal responsibilities. Understanding this form is crucial for anyone considering such a step, as it involves various rights, obligations, and potential consequences.

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The Affidavit of Voluntary Relinquishment of Parental Rights is a significant legal document that allows a parent to formally relinquish their parental rights to a child. This process involves several key components that ensure the decision is made thoughtfully and with full awareness of its implications. The form begins with personal information about the parent, including their age and residence, establishing their identity and capacity to make this important decision. It also requires details about the child, such as their name, address, and age, which helps clarify the relationship in question. Additionally, the affidavit prompts the parent to indicate whether they are under any court-ordered support obligations, which can affect the legal and financial aspects of relinquishment. A critical section of the form addresses the parent’s belief regarding the best interests of the child, allowing them to articulate their reasons for this difficult choice. Furthermore, the document emphasizes the irrevocable nature of the relinquishment, except for a limited window of 11 days during which the parent can change their mind. This provision underscores the seriousness of the decision and the need for careful consideration. The affidavit also outlines the procedure for revocation, ensuring that the parent understands their rights and the necessary steps to reclaim those rights if they choose to do so. Overall, this form is designed to protect the interests of both the child and the parent, making it a crucial tool in family law matters.

Key takeaways

Here are key takeaways regarding the Affidavit of Voluntary Relinquishment of Parental Rights form:

Personal Information Required: The form requires detailed personal information, including the names and addresses of the individuals involved, as well as the child's information.
Choice of Support Obligation: The individual must indicate whether they are under a court-ordered obligation to support the child by selecting either option 5A or 5B.
Irrevocability of Relinquishment: The relinquishment of parental rights is generally irrevocable after 11 days, emphasizing the importance of understanding this commitment.
Revocation Process: If the individual wishes to revoke the relinquishment, they must do so within 11 days and follow specific procedures, including notifying the mother and filing a statement with the court.

Dos and Don'ts

When filling out the Affidavit Parental Rights form, consider these important dos and don'ts:

Do ensure all personal information is accurate and complete.
Do read each section carefully before signing.
Do keep a copy of the completed affidavit for your records.
Do consult a legal expert if you have questions about the process.
Don't rush through the form; take your time to avoid mistakes.
Don't sign the affidavit without fully understanding its implications.

Documents used along the form

The Affidavit of Voluntary Relinquishment of Parental Rights is often accompanied by several other important documents. Each of these forms plays a crucial role in the legal process surrounding parental rights and responsibilities. Below is a list of commonly used documents that may be required alongside the affidavit.

Petition for Termination of Parental Rights: This document formally requests the court to terminate the parental rights of an individual. It outlines the reasons for the request and provides necessary details about the child and the current legal guardianship situation.
Consent to Adoption: When a parent relinquishes their rights, this form is often required to indicate that they consent to the adoption of the child by another party. It serves to ensure that the child's best interests are prioritized in the adoption process.
Notice of Hearing: This document informs all parties involved about the date and time of the court hearing regarding the termination of parental rights. It ensures that everyone has the opportunity to attend and present their views.
Child’s Birth Certificate: A copy of the child’s birth certificate is typically required to verify the identity of the child and the relationship between the child and the parent relinquishing rights.
Financial Affidavit: This form provides a detailed account of the financial situation of the parent relinquishing rights. It may be necessary to assess any obligations related to child support or other financial responsibilities.
Your Texas Benefits Renewal Form: This essential form is required for Texas residents to renew eligibility for state benefit programs. For online submission, you can find the necessary details at texasformspdf.com/fillable-your-texas-benefits-online.
Affidavit of Service: This document confirms that all necessary parties have been properly notified of the proceedings. It serves as proof that the legal requirements for notification have been met.

Each of these documents is essential for ensuring that the process of relinquishing parental rights is handled legally and ethically. Proper completion and submission of these forms can help protect the rights of all parties involved, particularly the child’s best interests.

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Things to Know About This Form

What is an Affidavit of Parental Rights?

An Affidavit of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights. This form is often used when a parent believes that it is in the best interest of their child to terminate their legal relationship. It is a formal way to state the decision and provides a record of the relinquishment.

Who needs to fill out this affidavit?

This affidavit is typically filled out by a parent who wishes to relinquish their parental rights. The individual must be over the age of 21 and must have personal knowledge of the statements made in the affidavit. It's important that the person understands the implications of giving up these rights.

What information is required in the affidavit?

The affidavit requires several pieces of information, including:

The name and age of the parent relinquishing rights.
The name and age of the child involved.
The current address of both the parent and the child.
Details about any court-ordered child support obligations.
The reasons for believing that relinquishing parental rights is in the child's best interest.

Is the relinquishment of parental rights permanent?

Yes, the relinquishment of parental rights is generally considered permanent. Once the affidavit is executed, it cannot be revoked after 11 days, unless specific procedures are followed to do so within that time frame.

Can I change my mind after signing the affidavit?

You can change your mind, but only within 11 days after signing the affidavit. To revoke your relinquishment, you must provide a signed statement witnessed by two credible persons and verified before a person authorized to take oaths. This statement must be delivered to the child's mother and filed with the court if applicable.

What are the consequences of signing this affidavit?

By signing the affidavit, you are giving up all legal rights and responsibilities regarding your child. This includes decisions about their education, health care, and general well-being. It is crucial to fully understand these consequences before proceeding.

Do I need a lawyer to complete this affidavit?

While it is not strictly required to have a lawyer, it is highly advisable to seek legal counsel. A lawyer can help ensure that you understand the implications of relinquishing your parental rights and can assist you in completing the affidavit correctly.

Where do I submit the completed affidavit?

The completed affidavit should be submitted to the appropriate court where the termination of parental rights is being processed. It is also a good idea to keep a copy for your records and provide one to the other parent involved.

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:_______________________________________ .

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

Document Specifics

Fact Name	Details
Purpose	The Affidavit Parental Rights form is used to voluntarily relinquish parental rights.
Legal Age Requirement	The affiant must be at least 21 years old to complete this affidavit.
Child Information	The form requires detailed information about the child, including name and date of birth.
Obligation Disclosure	The affiant must indicate whether they are under a court-ordered obligation for child support.
Irrevocability	Once signed, the relinquishment of parental rights is irrevocable after 11 days, unless a revocation is executed.
Revocation Process	To revoke the relinquishment, a statement must be signed and witnessed, then delivered to the mother and filed with the court.
Notarization Requirement	The affidavit must be notarized to be legally binding, confirming the identity of the affiant.

How to Fill Out Affidavit Parental Rights

Filling out the Affidavit Parental Rights form is an important step in the process of relinquishing parental rights. Once completed, this form will need to be filed with the appropriate court, and it may require additional steps depending on local regulations. Below are the steps to guide you through filling out the form accurately.

Begin by entering the state and county where you are located at the top of the form.
In the section labeled "BEFORE ME," write your full name where indicated, ensuring it is legible.
State your name and confirm that you are over the age of 21 in the first statement.
Provide your current address in the designated space, including street, city, state, and zip code.
Indicate your age and your date of birth.
Fill in the name of the child whose parental rights you are relinquishing, along with their current address.
Provide the child’s date of birth and their current age.
Identify the mother and legal guardian of the child in the next section.
Choose one option from section 5 by placing an X in the appropriate box and complete the statement.
State whether you own any property of value in the next section.
In section 7, explain why you believe that terminating your parental rights is in the child's best interest. Use additional sheets if necessary.
Provide the name and address of the biological mother and current legal guardian of the child.
Acknowledge your understanding of parental rights and duties in the following statement.
Confirm that your relinquishment of parental rights is irrevocable after the specified period.
State your right to revoke the relinquishment within 11 days and provide the necessary contact information for the mother.
Sign the affidavit at the bottom, ensuring that you also have a witness present to sign.
Finally, the notary public will complete their section, including their signature and commission expiration date.