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 involves a sworn statement detailing the parent’s identity, the child’s information, and the reasons for relinquishing these rights. Understanding this form is crucial for parents navigating complex family dynamics and seeking the best interests of their children.
When filling out the Affidavit Parental Rights form, there are several important practices to keep in mind. Here’s a list of things you should and shouldn't do:
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What is the Affidavit of Voluntary Relinquishment of Parental Rights?
The Affidavit of Voluntary Relinquishment of Parental Rights is a legal document that allows a parent to voluntarily give up their parental rights to a child. This form is used when a parent believes that terminating their relationship with the child is in the child's best interest. It includes personal information about the parent, the child, and the reasons for relinquishment.
Who can complete this affidavit?
Only a parent who is over the age of 21 and has personal knowledge of the statements made in the affidavit can complete it. The parent must also be competent to make the affidavit, meaning they understand the implications of relinquishing their parental rights.
What information is required in the affidavit?
The affidavit requires several pieces of information, including the names and addresses of the parent and child, the age of the child, and the parent’s current obligations regarding child support. Additionally, the parent must provide reasons for believing that termination of their parental rights is in the child's best interest.
Can a parent change their mind after signing the affidavit?
Yes, a parent has the right to revoke their relinquishment of parental rights within 11 days after signing the affidavit. To do so, they must communicate their decision to the other parent and follow specific procedures, including signing a statement witnessed by two credible persons and having it verified before an authorized individual.
What happens if the parent does not revoke the affidavit within 11 days?
If the parent does not revoke the affidavit within the 11-day period, the relinquishment of parental rights becomes irrevocable. This means that the parent can no longer claim any rights or responsibilities regarding the child, and the child may be placed for adoption or live with another guardian.
What should be done after signing the affidavit?
After signing the affidavit, the parent must ensure that a copy of the document is provided to them. It is also important to deliver any revocation statement, if applicable, to the other parent and file a copy with the Clerk of the Court where the termination of the parent-child relationship has been filed.
Is legal advice recommended before signing this affidavit?
Yes, it is highly recommended to seek legal advice before signing the Affidavit of Voluntary Relinquishment of Parental Rights. This document has significant legal implications, and understanding those implications can help ensure that the decision made is in the best interest of both the parent and the child.