ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Grandparents and Stepparents

What are a stepparent's duties and rights?

The responsibilities of a stepparent depend on state law. A stepparent is not usually liable for a spouse's child from another marriage, unless the stepparent has adopted the child. Until then, the child's biological parents are liable for his or her support. Some states, however, make stepparents liable for the stepchild's support as long as the stepparent and the stepchild are living together.

A stepparent who does not adopt a spouse's child may not normally claim custody of the child if the marriage ends in divorce, although some states allow a stepparent to seek visitation. A stepchild does not share in the estate of a stepparent, unless the stepparent has provided for the stepchild in a will. However, unmarried stepchildren under eighteen may receive supplemental retirement benefits or survivor's benefits under Social Security.