In a reconstituted family, step-parents have toiled for several years in raising the children, and when it comes to divorce, the mostTangle issue is: Will my custody of the child end with the marriage? Many people mistakenly believe that once they have raised the child, they are responsible for them forever, but the legal rules are very clear — in principle, there is no longer a duty to support, except for two special cases.

  Article 1072 of the Civil Code stipulates that only when step-parents and stepchildren under their foster care apply the rights and obligations of the parent-child relationship. Simply put, if there is no actual foster care relationship, there is no legal responsibility; even if there is, this relationship is not a permanently bound blood relationship, but a “fabricated blood relationship” that follows the marriage.

  Article 19 of the “Interpretation (II) of the Marriage and Family Article of the Civil Code” implemented as of February 1, 2025, explains the rule more thoroughly: after the biological and step-parents divorce, if the step-parents do not agree to continue the custody, they no longer need to take care of the child, and the child returns to the custody of the biological parents. Only two exceptions apply: one is that the step-parents voluntarily continue to foster; the other is that they have legally completed the adoption procedures.

  Many people may ask, how to determine “the formation of foster education relationship”? The court looks at the actual efforts made, not just talk. The main points to consider are: whether there is a long-term cohabitation, whether daily care is provided by you, whether tuition and living expenses are borne by you, and whether educational and guardianship responsibilities are fulfilled. Just occasionally helping to take care of the child for a few days or giving a few times of pocket money does not constitute a foster relationship, and there is no responsibility after the divorce.

  It is necessary to distinguish two easily confused points here: the obligation of custody can be terminated, but the obligation of support may not disappear. If the step-parents have long fostered the stepchildren, even if they later divorce, when the step-parents are old, have no working ability, and no income, the adult stepchildren still need to bear the support responsibility; but if the step-parents did not fulfill the foster care obligation at the beginning, or had abusive or deserting behavior, the stepchildren do not need to support.

  It is important to avoid common misunderstandings in reality: do not think “once you raise a child, you have a lifelong responsibility”, nor believe that “after divorce, everything is settled”. If there is no adoption and unwillingness to continue to foster, the obligation of custody will end with the marriage; but the long-term foster care will bring the right to be supported in old age.

  In summary, after the divorce of step-parents, the legal obligation of custody will generally terminate automatically, unless they volunteer to foster or have already adopted. In a reconstituted family, it is necessary to be clear about the boundaries of responsibility at the time of divorce, and understand the equal relationship between custody and support, neither being overly bound nor evading the responsibility that should be fulfilled.