Kenneth A. Rathert’s Answers

Kenneth A. Rathert

Kalamazoo Adoption Lawyer.

Contributor Level 4
  1. How do u go about getting rights removed so my husband can adopt?

    Answered almost 2 years ago.

    1. Kenneth A. Rathert
    2. Melissa J. Houghton-Heinig
    3. Jessica Lynne Gordon
    3 lawyer answers

    You need an adoption lawyer. In Michigan, if there is substantially no contact for two years and substantial non-compliance with a support order for two years, you can probably get his rights terminated without his consent. With his consent, it is easier to do so. Go to the adoption section of my web site and read the part on step parent adoptions. I would be happy to help you on this. RathertLaw.com

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My husband wants to legally adopt my two year old daughter. We have been married for a lil over a year. What can we do?

    Answered over 2 years ago.

    1. Kenneth A. Rathert
    2. Ezra N. Goldman
    2 lawyer answers

    You should get a lawyer and file for a step parent adoption. Your lawyer will also have to file a supplemental petition to terminate the father's rights. It will be based on whether he has had much contact within the last two years and whether he has paid support during that time. I do these all the time. Your case sounds very strong. You should read on my web site about step parent adoptions. www.rathert.law.com. Go to adoptions and then step parent adoptions.

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  3. Stepson 33. Givens bio moms name at birth. father died. Stepmom wants to adopt stepson and give him fathers last name.

    Answered 11 months ago.

    1. Kenneth A. Rathert
    1 lawyer answer

    This can be done in Michigan as an adult adoption. As long as the stepmother and the stepson (33) consent, it is relatively easy. See my website and go to adult adoption. www.RathertLaw.com.

    2 lawyers agreed with this answer

  4. My wife and I would like to adopt a 20 year old girl in Mainland china, she is willing to be adopted, can this be done?

    Answered over 2 years ago.

    1. Christine Marie Heckler
    2. Ralph John Stephan Jr.
    3. Kenneth A. Rathert
    4. Erika McNamara
    4 lawyer answers

    The adoption part of this is actually quite easy and, despite the previous answers, could be done if she is legally in this country. The problem is the adoption will do nothing about the immigration issues. You need an immigration attorney. That will probably be very expensive. Good luck.

    2 lawyers agreed with this answer

  5. Can i adopt my step daughters without mother's consent?

    Answered over 2 years ago.

    1. Kenneth A. Rathert
    1 lawyer answer

    In Michigan, you can terminate the non-custodial parent's right and do a step parent adoption if you can proove that for the last two years there has been substantially no contact and substantially no support. Based on what you have written, you can prevail. See my web site and look under step parent adoptions for more details. www.rathertlaw.com. I do such adoptions all over Michigan and would be happy to help you. Ken Rathert Kalamazoo, MI

    1 lawyer agreed with this answer

  6. What are the tax write offs for adoption?

    Answered about 2 years ago.

    1. Dave Hawkins
    2. Janna Jill Annest
    3. Kenneth A. Rathert
    4. Steven J. Fromm
    4 lawyer answers

    Adoptive parents may qualify for a tax credit for adoption-related expenses of up to $13,360 (for 2011) and $12,650 (for 2012). In other words, if you spend $12,650 on this adoption, you may get $12,650 back as a tax credit on your federal income tax return. If you do not pay enough taxes to get all the credit back in one year, you can carry over the tax credit for up to an additional five years. You may also be entitled to a tax credit from your state (but not Michigan starting in 2012) and,...

    2 lawyers agreed with this answer

  7. Forced paternity test

    Answered over 1 year ago.

    1. Kenneth A. Rathert
    2. Neil M. Colman
    3. Stephen Ross Cohen
    3 lawyer answers

    Probably none, but I need more facts. Please give me a call and we can discuss it. Ken Rathert Kalamazoo, MI 269-349-6808

  8. Can my fiance adopt my daughter while her father is in prison?

    Answered about 2 years ago.

    1. Christine Marie Heckler
    2. Kenneth A. Rathert
    3. James T. Weiner
    4. Steven Arnold Heisler
    4 lawyer answers

    No. In Michigan, you must be married first to do a step-parent adoption. Also, you must have the father's rights terminated. After you get married, you should retain an adoption attorney. To read about the process, you can go to my web site: www.rathertlaw.com and look under adoption and then step parent adoption.

  9. What do we have to do to adopt from siblings with permission from both parents, baby is due in late August

    Answered about 2 years ago.

    1. Eric W. Phelps
    2. Kenneth A. Rathert
    2 lawyer answers

    I agree completely with Attorney Phelps. You can read about relative adoptions on my web site: www.rathertlaw.com. You can also read about the adoption tax credit, for which your adopting daughter may be eligible. This is up to $12,650 for adoptions completed in 2012. Because of the tax credit, most of my clients get all the money they pay doing an adoption back, dollar for dollar. The tax credit does apply to relative adoptions, but not to step-parent or adult adoptions. In any...

  10. How to aquire guardianship of my nephew when my mother passes ?

    Answered over 2 years ago.

    1. Kenneth A. Rathert
    2. Peggy Margaret Raddatz
    2 lawyer answers

    As you state the problem, this will be very difficult. Your father is now the legal father. His rights will be paramount unless you have grounds to terminate or suspend them. Being "unsuitable for the role of caretaker" is not sufficient grounds to do either. This true even if your mother does express her desire in her will for you to have a guardianship. Why didn't you, rather than your parents, adopt the boy in the first place? It sounds like you and your mother and your need some...