Why Do Some Parents Voluntarily Give Up Parental Rights in San Antonio, Texas?

On Behalf of Kevin E. Sralla | July 15, 2025 | Blog

If you’re reading this, there’s a good chance you’re trying to make sense of a difficult situation involving parent-child relationships — and you’re not alone. Whether you’re a stepparent preparing to adopt, a parent making a painful decision, or someone navigating a complex custody case, it’s helpful to understand how and why some parents in San Antonio choose to voluntarily give up parental rights.

At Sralla Family Law, PLLC, we know these conversations aren’t easy. Family decisions carry real emotional weight, and choosing to terminate parental rights is never something to take lightly. Our custody lawyers in San Antonio are here to walk with you step by step with care, clarity, and commitment.

In this blog, we’ll explain why a parent might voluntarily give up their rights, how the process works under Texas law, and what role a “custody attorney near me” can play in helping protect your family’s best interests.

What Does It Mean to Voluntarily Give Up Parental Rights?

In Texas, a parent’s legal rights include custody (called conservatorship), visitation, and decision-making authority over the child’s welfare, education, and healthcare. When a parent voluntarily gives up parental rights, they are asking the court to legally terminate parental rights and end the legal parent-child relationship.

Once the court approves the termination of parental rights, that parent no longer holds the status of a legal parent. This means:

• No legal custody or visitation
• No right to make decisions for the child
• No obligation to pay child support (unless past due)

This is a serious and permanent decision, and the court doesn’t approve a termination of parental rights lightly.

Common Reasons a Parent Might Voluntarily Give Up Rights

Every family’s story is unique. Still, over the years, we’ve seen some common patterns when it comes to voluntary termination of parental rights in Texas:

1. Stepchild Adoption

One of the most common and compassionate reasons is to allow a stepparent to legally adopt the child. If you’re in a blended family and the biological parent is no longer involved or has expressed a desire to step aside, this path can create legal and emotional stability for your child.

We often work with families in which the biological parent understands that the child already sees the stepparent as “mom” or “dad” and wants to support the adoption. In these cases, a family law attorney in San Antonio, Texas, can help make the process smooth and respectful for everyone involved.

2. Desire to Avoid Responsibility

Some parents give up rights because they feel unable or unwilling to meet the responsibilities of parenting. This may involve emotional, financial, or even logistical challenges, especially if the parent lives far away or has limited contact.

They may also feel burdened by child support obligations they can’t manage. In these situations, the parent may believe that letting go is in the child’s best interest, particularly if another adult is stepping in to fill that role.

3. Long-Term Absence or Estrangement

If a parent has been absent for years or has little relationship with the child, they may choose to relinquish their parental rights rather than disrupt a child’s stable home life. This often happens in families where the child no longer identifies the parent as a caregiver.

4. Avoiding Conflict or Custody Battles

While not ideal, some parents agree to a termination of parental rights to avoid prolonged custody litigation, especially in high-conflict divorces or contested situations. It’s not an easy choice, but sometimes it’s one made for the sake of peace or closure.

Does the Court Always Accept Voluntary Termination?

A parent can’t just sign away their parental rights and consider the matter finished. In Texas, family courts must approve any voluntary termination of parental rights, and only if they determine it serves the best interests of the child, meaning:

• Another adult (like a stepparent) must often be ready to adopt the child.
• The termination must support the child’s stability, safety, and well-being.
• The court may still consider any child support payments owed.

In cases where a termination of parental rights is not voluntary, the court may consider involuntary termination, a separate and more serious legal action usually based on findings of abuse, neglect, or abandonment.

The court won’t approve a termination of parental rights just to escape financial responsibility or avoid a court order to pay child support. That’s where having experienced custody lawyers in San Antonio makes a significant difference. We’ll help you evaluate whether the court is likely to approve the request and guide you through the correct legal process.

How the Process Works in San Antonio

If a parent wants to give up their rights, the legal process usually involves:

1. Filing a Petition – Either the parent giving up rights or another party (like a stepparent seeking adoption) submits a request to the court.
2. Court Review – The court reviews the circumstances, often requiring a hearing.
3. Best Interest Test – The judge must see clear evidence that the change benefits the child in the long term.
4. Final Order – If approved, the court issues a termination of parental rights order, officially ending the legal relationship between parent and child.
5. Keep in mind: courts approve parental rights termination only when they find that the outcome protects the child and promotes a healthier, more secure future.

If you’re unsure how to start or feel overwhelmed, don’t worry. That’s what we’re here for. At Sralla Family Law, our team knows how to guide families through this process with care, honesty, and legal precision.

Is This the Right Choice for Your Family?

Every family is different. There’s no one-size-fits-all answer when it comes to parental-child relationships and legal decisions that affect them.

If you’re a parent considering giving up your rights or you’re hoping to adopt a stepchild, talk to a skilled family law attorney first. The decision to terminate parental rights comes with lasting consequences for you, the other parent, and most importantly, the child.

At Sralla Family Law, PLLC, we don’t just handle the paperwork. We help families build lasting security for their children and find peace of mind for their future.

Hard Decisions Need Steady Guidance. Talk to Sralla Family Law Today

Looking for a “custody attorney near me“ who understands both the legal side and the heart of the matter? You’ve found your team.

At Sralla Family Law, PLLC, we bring the Strength Of A Giant and the Heart Of A Neighbor to every case we handle. Our goal is to help you protect your family, your peace of mind, and your child’s future—whether that means pursuing stepchild adoption, navigating involuntary termination, preparing a court petition, dealing with unresolved child support issues, or just talking through your options.

Call us today at (210) 212-5656(210) 212-5656 or complete our confidential online form to schedule an initial consultation. We’ll listen to your story, answer your questions, and guide you toward a solution that fits your family. Because no matter how complex the law may seem, we believe in keeping things simple: Your family comes first. Always.

Copyright © 2025. Sralla Family Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law, PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656(210) 212-5656
https://www.familylawsanantonio.com/