Rights and Duties of Stepparents

The responsibilities of a stepparent depend on state law. A stepparent usually is not liable for the support of a spouse’s child from a prior marriage, unless the stepparent has adopted the child. Absent an adoption, the child’s biological parents are liable for the child’s support. Some states, however, make stepparents liable for the stepchild’s support as long as the stepparent and stepchild are living together.

A stepparent who does not adopt a spouse’s child normally may not claim custody of the child if the marriage ends in divorce, although some states allow a stepparent to seek visitation.

A stepchild usually does not share in the estate of a stepparent, unless the stepparent has provided for the stepchild in a will. However, an unmarried stepchild under eighteen may receive survivor, retirement, or disability benefits under through a stepparent’s Social Security account if the stepchild was financially dependent on the stepparent.