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Who can be used as the credible witness's for the signing of a Texas Relinquishment of Parental Rights?

Humble, TX |

If there is a suit being filed to terminate the biological parents rights joined with a suit for adoption of minor children, but the bio-parent has suddenly agreed to sign a Relinquishment of Parental Rights, who can the witness's be? Does it have to be someone non-related to the parties of the suit, non related to the children...or can it be anybody who is over 18 yrs of age, has proper ID, and is of sound mind to be making a witness statement to this document being signed??

Attorney Answers 3


Someone who is not related would be a better choice, but it would depend on the specific facts of the situation whether a particular person was a credible witness.

You should hire an attorney for this process - it is tricky and even experienced attorneys sometimes get lost in it. In addition, know that there will be an attorney ad litem appointed for the child and a social study required by the court.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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It has to be notarized.

I agree that you need an experienced family law attorney to help you with this matter. Judges require the document to meet many criteria. If not done exactly correctly, it will be rejected by the Judge. Terminating a person's rights is a very tricky matter.

Fran Brochstein has been a licensed Texas attorney over 22 years. She is a Advanced Credentialed Mediator by the Texas Mediator Credentialing Association. Fran enjoys educating people about Texas laws and mediation -- her motto is "knowledge is power". She has a full-time family law mediation practice in the Houston area. She is also trained n elder law mediation. If you need a consultation and mention that you saw this on - Fran will give you a discounted rate of $175/hour -- her usual hourly rate is $300/hour. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week on her personal cell phone.

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Tx family code said it had to be witnessed by 2 people and a notary. But I'm trying to find out if there is a stipulation on who those 2 people can be? I know they must be over 18, be of sound mind ect but does it matter if they are related to the signer or to the children of the case (grandparent ect)


It's best to have no related parties sign notarized statements.


Erick Platten

Platten Law Office

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