As always, the law must catch up with the changes in American life.

Under in loco parentis, which holds that an adult who voluntarily acts as a parent assumes the obligation of support. Of note is the presence or absence of a noncustodial natural parent (who is usually a father) is not critical to establishing an in loco parentis obligation.

However, no support a stepchild when the stepparent and stepchild no longer live as a family.

Most divorced people marry again and have additional support guidelines.

Stepparents may be awarded visitation.

Parents have a constitutionally protected right to determine a child’s "companionship, care, custody and management." Very often, however, a stepparent is given appeal for visitation rights.

A more difficult question is awarding a stepparent custody of a child. In a divorce of a stepparent and the custodial parent, the stepparent may be granted custody when the facts demonstrate that the child would "would not benefit from being the custody of the natural parent."

Most legislatures and courts have ruled there is a strong presumption in favor of the natural parent in dispute over a child with a nonparent, including a stepparent. In these cases, even the expressed wishes of a child to remain with a stepparent are subordinate to the right of parent to his or her child.

See also In Loco Parentis.