This is a topic which causes much unease and unhappiness within the parenting community. We are all aware of the difficulties parents have when divorcing and there is a child or children involved. Who has custody? What visitation rights are granted? Who pays for child support and in what amount?

All these issues can be complex and distressing. Well the matter can become even more complex and distressing when a step-parent or parents are involved. Take one invented but common example.

A couple marry and one partner has children from a previous relationship. The childless parent, the new step-parent, now has an instant family. The new family bonds well and the children accept their new step-parent with love and affection. Then disaster. The biological parent decides to seek a divorce and doesn't want the step-parent to have anything to do with his or her natural children.

The children don't want the couple to divorce and in fact the children love both adults.

This example is typical of many in which a step-parent discovers that they may have little in the way of rights but plenty in the way of responsibility.

The law has been described as an ass at various times but for those confronting a difficult situation, it is always good to have knowledge of the law as it applies to your case. For example, as a new step-parent, what is your legal relationship with your step-children? You may be legally married to the biological parent of the kids but what is your legal tie to them? In short, nothing, unless you legally adopt the children.

This fact can make a huge difference should your marriage fail. With being the legal guardian or the adoptive parent, you have few if any forms of legal redress if the divorce happens and the children are removed from your care.

It is always wise to seek professional advice on these matters and a lawyer who deals specifically in family law and the rights and responsibilities of step-parents is the ideal source of advice.

What makes it doubly difficult for many divorcing step-parents is that the law regards them as responsible when it comes to things like child support. They may be required by the court to pay for a child or children but when it comes to having access to a possibly much-loved step-son or daughter, the court may give them no rights at all.

The laws are different in various countries but one principle applies throughout and that is something called Parental Responsibility. While the word parental is part of the heading, this really is a law about children, about their rights and who cares for them.

Generally speaking, parental responsibility is automatically invested in a biological parent but not so in an adoptive parent. The law almost always favors the biological parent. The mother of a child always receives parental responsibility and the biological father, even if not married to the child's mother, is given certain rights. This is not the case with a step-parent and if you are involved or considering becoming involved in a situation like this, you are strongly advised to learn your rights and responsibilities as a step parent.

Here are additional resources you might be interested in:

Learn How to Become Successful in Step Parenting

What are Different Parenting Styles?