in the Interest of S.A.P.

Based on a unanimous jury verdict, the trial court terminated the respondents’ parent-child relationship with S.A.P., their one-year-old son. Based on an estoppel defense that was neither pleaded nor submitted to the jury, a divided court of appeals reversed. 135 S.W.3d 165, 168-71. Because estoppel was not proved conclusively, we hold it was waived, and thus reverse.

S.A.P. was born on June 8, 2001 to Scott and Rebecca Peterson. 1 Viewing all the evidence in the light most favorable to the verdict, 2 both parents had a long history of involvement with child welfare agencies in New York and…