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Fillable 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 rights and responsibilities regarding their child. This form outlines the necessary information about the parent, the child, and the reasons for relinquishing parental rights. Understanding the implications of this affidavit is crucial for anyone considering this significant step.

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Fillable Affidavit Parental Rights Template

Content Overview

File Details

Fact Name	Description
Purpose	The Affidavit Parental Rights form is used for a parent to voluntarily relinquish their parental rights to a child.
Legal Requirements	In many states, including Florida, the form must be executed in front of a notary public to ensure its validity.
Irrevocability	Once signed, the relinquishment of parental rights is generally irrevocable after an 11-day period, unless a revocation is filed properly.
Notification	If a parent chooses to revoke the relinquishment, they must notify the other parent and file a copy with the court.
State-Specific Laws	Each state has its own governing laws regarding parental rights. For instance, in California, the Family Code outlines the procedures for relinquishment.

Sample - 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

Common mistakes

Filling out the Affidavit of Voluntary Relinquishment of Parental Rights form can be a complex process. Mistakes can lead to delays or even the rejection of the affidavit. One common error occurs when individuals fail to provide complete personal information. Each section requires specific details, such as the full name, address, and age. Omitting any of this information can render the affidavit incomplete and invalid.

Another frequent mistake is neglecting to accurately identify the child involved. Section 3 requires the name and current address of the child, as well as their date of birth and age. Inaccuracies in this section can cause confusion and may complicate legal proceedings. It is crucial to double-check this information before submission.

Choosing the correct option in Section 5 is also a common pitfall. Applicants must place an "X" in front of either 5A or 5B, depending on their financial obligations. Failing to mark one of these options can lead to ambiguity regarding parental responsibilities, which is a critical aspect of the affidavit.

Individuals often overlook the importance of providing a clear reason for relinquishing parental rights in Section 7. This section should contain a thoughtful explanation of why the termination is in the child's best interest. A vague or incomplete response may raise questions during the review process, possibly leading to further legal scrutiny.

Section 10 emphasizes the irrevocable nature of the relinquishment after 11 days. Some individuals mistakenly believe they can change their minds without following the proper procedures outlined in the affidavit. Understanding the legal implications of this section is essential to avoid future complications.

Additionally, many people fail to recognize the requirement for witnesses in Section 12. The affidavit must be signed in front of two credible witnesses, and this step is often overlooked. Without proper witnessing, the affidavit may not hold up in court.

Another mistake is not providing the necessary contact information for the mother or legal guardian in Section 12. This information is critical for any future communications regarding the revocation of parental rights. Omitting it can lead to confusion and legal challenges.

Furthermore, individuals sometimes neglect to keep a copy of the affidavit for their records. Section 13 states that a copy should be provided to the affiant at the time of signing. Without this copy, individuals may find themselves without proof of their relinquishment, complicating any future legal matters.

Finally, failing to seek legal advice can be a significant oversight. The implications of relinquishing parental rights are profound and can affect both the parent and child for years to come. Consulting with a legal expert can help ensure that all aspects of the affidavit are correctly completed and understood.

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