Rathert Law Offices, P.C. Michigan Adoption Attorneys

Fellow American Academy Adoption Attorneys AAAA

About Us

Rathert Law Offices, P.C. was founded in 1987 by Ken Rathert. Rathert Law Offices provides high-quality legal services for individuals and families throughout Southwest Michigan. Our office provides prompt, high-quality legal services in a wide variety of areas. We concentrate on Adoptions; Appeals; Guardianships; Estate Planning; and Family Law. Please call us at 269-349-6808 to inquire how we can help you with your legal objectives.

Attorneys

Michigan Adoption Attorneys

Ken Rathert received his Juris Doctor from Valparaiso University School of Law and has been licensed to practice law in Michigan since 1976. Ken has a wide variety of experience and is a Fellow in the American Academy of Adoption Attorneys. Ken has served as a mediator in civil cases for the Kalamazoo County Circuit Court for over 20 years. Ken has been a Michigan Adoption Attorney since 1987.Jennifer Grahek began working for Rathert Law Offices in 2000 as a paralegal. She received her Juris Doctor from Cooley Law School in 2007. Jen works closely with Ken in a variety of areas, including adoptions, appeals, and family law. Jennifer holds a Certificate of Completion in Family Law. Jennifer has been a Michigan Adoption Attorney since 2007.
Adoptions

Independent

Independent (Private) Adoptions in Michigan

Michigan permits independent (private) adoptions, and Rathert Law Offices does these frequently. In Michigan, we call these direct placement adoptions because the legal parent (usually the birth mother) places the child directly with the adoptive couple. To file a direct placement adoption in Michigan, the adoptive parents must reside here, the birth parents must reside here, OR the child must be physically present here. Because you can file in the county where the child is physically found, non-resident adoptions occur often. A home study of the adoptive parents is required before a child can be placed. The home study must be performed by a licensed adoption agency. As Michigan Adoption Attorneys, Ken Rathert and Jennifer Grahek have handled many private adoptions.The law does not require the birth mother and adoptive parents to meet in person and share identities, but it is usually done. The adoptive parents are permitted to assist the birth mother with some living expenses. The newborn is usually released directly to the adoptive parents at the hospital. The consent takes place in court after the child is born. Once signed, the consent is irrevocable.

Interstate

Interstate Adoptions

As Michigan Adoption Attorneys, we have finalized many Interstate Adoptions. While the distance and the difference in laws make the process somewhat more challenging, the results are the same: A new family is brought together through adoption. Interstate adoptions must comply with the ICPC (Interstate Compact on the Placement of Children). Every state, including Michigan, has an ICPC Coordinator who reviews the Interstate Adoption application and gives approval for the adoptive parents to take the child home. In an Interstate Adoption, the ICPC from both states must approve. Because more documentation and procedures are required for Interstate Adoptions, it is important to retain an experienced Michigan Adoption Attorney familiar with Interstate Adoption. Rathert Law Offices, P.C. has helped facilitate many successful Interstate Adoptions.

Relative

Relative Adoptions

In a Relative Adoption, the adopting parent must be related to the child within the fifth degree by marriage, blood, or adoption. Relative Adoptions usually take place between the child and grandparents, aunts, uncles, and cousins. A Relative Adoption can be a good solution to difficult family situation.See

GRANDPARENT VISITATION.pdf

Stepparent Michigan Adoption Attorney

Stepparent Adoptions

A Stepparent Adoption can be a very positive experience for everyone including the former parent whose rights are terminated. Procuring the consent or terminating the parental rights of the non-custodial parent is very important in a Stepparent Adoption. The non-custodial parent must consent to the adoption, OR the rights of that non-custodial parent must be terminated because the court has determined the non-custodial parent has significantly failed in his or her parental responsibilities. This means that for a period of two years before the petition for adoption is filed, the following two things have occurred: (1) The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially comply with the order, for a period of 2 years or more before the filing of the petition, AND(2) The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more before the filing of the petition.

Abused

Adoption of an Abused or Neglected Child

Scenario A: Before Parental Rights are TerminatedThe parents of a new baby are both drug abusers who have already lost the parental rights to two previously born children. The Department of Human Services (formerly Family Independence Agency) has threatened to have this third child, the new baby, removed from their home as well. The baby's welfare is at risk. The mother used drugs during pregnancy, and it is likely that the new baby will be placed in foster care. A childless couple has learned of the situation and is very interested in adopting the new baby immediately. The baby's parents are receptive to this idea, but fear they may have no say in the matter. Sometimes, the adoptive parents are related to the birth parents and sometimes they are not. Either way, an adoption can often work out well.We, as Michigan Adoption Attorneys, strongly believe that even though parents may have serious problems, they should still, when possible, have the opportunity to help arrange for the adoption of their child. This often includes choosing an adoptive couple.Scenario B: Foster Family vs. RelativeA 2½ year-old girl has been with non-relative foster parents since birth. It took a long time, but finally the parental rights of the parents are both terminated. After termination, a grandmother who hardly had any contact with the 2½ year-old girl requests permission to adopt. The foster parents are heart-broken. The girl now looks to them as her parents; she has known no one else. Will the Department of Human Services remove the girl from the only home she has known and allow the grandmother to adopt? Rathert Law Offices, as Michigan Adoption Attorneys, has experience advocating for foster parents in this type of scenario. We also work for grandparents and other relatives who have maintained a relationship with the child while the child is in foster care. These are difficult situations, but Rathert Law Offices works hard for its clients who want the best for the child. The Department of Human Services has a great deal of discretion in these matters, but sometimes its initial decision is changed. If you find yourself in a similar situation and need an experienced Michigan Adoption Attorney, contact Rathert Law Offices. We would be happy to help you.

Adult

Adult Adoption

Adult Adoption is fairly rare, but it does occur. Sometimes, parties wish to recognize a relationship that has been very important in their lives.An Adult Adoption is completed like other adoptions, except that the person giving the consent is the adult who is being adopted, not his or her parents. Although the legal parents have to be notified, they cannot block the Adult Adoption. Their consent is not necessary. Having been adopted, the adult adoptee inherits from the adoptive parents just as any other child. Also, the adoptive parents may inherit from their adopted adult child.

Tax Credit Money

Adoption Tax Credit

The 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 dont 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, sometimes reimbursement from your employer.

Questionnaires

Questionnaires and Additional Information

adoptionpamphletnew.pdf

INFORMATION FOR GRANDPARENTS v4.pdf

Adoption Questionnaire Fillable.pdf

Independent
Interstate
Relative
Stepparent
Abused
Adult
Tax Credit
Questionnaires

Areas of Practice

Appeals

An appeal is the process of asking a higher (appellate) court to review the decision of a lower court. If you are dissatisfied with a court's ruling, we may be able to assist you. Your options might include:an appeal of right an appeal by leave a motion for a new trial, or a motion for relief from judgment. Appellate courts are referred to as courts of error. As such, the appeals process is different from the trial process in that the appellate courts primary role is to review cases for errors, not to consider new evidence or arguments. In other words, appellate courts generally do not review all the evidence for a second time and come up with a decision like a judge or jury would. Rather, the transcripts of the proceedings or trial below are reviewed to see if an appealable error has occurred. If the appellate court decides that the trial court clearly erred or abused its discretion, it can reverse the decision.The pace of the appeals process is usually slow. After briefs are filed, there are often long waiting periods. Although the appeals process is often slow, it is important to remember that there are stringent time limits to file. If you want to file an appeal, you should contact an attorney right away. We have handled many civil appeals.

Child Custody Michigan Adoption Attorney

Child Custody

Sometimes the most contested issue in a divorce case is custody of the children. Make sure you choose a child custody attorney carefully. There are two main types of child custody:Physical Custody is with whom the children will reside. This can be shared, joint, or split. Legal Custody is the right to make important decisions regarding the children's lives. Legal Custody is frequently joint, but not always.Established Custodial Environment:In deciding a custody case, the court must first determine whether there is an established custodial environment. The custodial environment of the children is established if, over an appreciable time, the child naturally looks to a particular custodian for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship are also considered. Frequently-asked questions regarding custody:What factors does the judge consider in deciding custody? Can custody be changed? What if the custodial parent wants to move with the children? What if the other party refuses to comply with a custody order? Rathert Law Offices may be able to help answer these and other questions.

Divorce

Divorce can be difficult. The breakdown of the marital relationship can be devastating. As time passes and circumstances change, there may be a need to change a prior divorce order with regard to custody, parenting time, child support, spousal support, etc. Under certain circumstances, the court will grant such changes. Rathert Law Offices has extensive experience representing clients in divorce issues.

Estate Planning Michigan Adoption Attorney

Estate Planning

Our philosophy is to keep estate plans simple and keep them out of court! If you do not have an estate plan, the court will do it for you. But, you might not like it, and it might cost dearly. We can assist you with a will, a trust, and other estate planning documents.

Guardianships Michigan Adoption Attorney

Guardianships

Sometimes a guardian is necessary for a minor. Rathert Law Offices handles guardianships cares for minor children. We would be happy to answer your questions about guardianships.

Visitation Michigan Adoption Attorney

Visitation

Rathert Law Offices, P.C. has extensive experience assisting clients with court-ordered visitation, including establishing parenting time and enforcing or changing existing parenting time orders.Do grandparents have visitation rights? Yes. You may have rights as grandparents. Grandparents may seek visitation with their grandchildren in certain circumstances. These circumstances include situations in which the parents of the grandchildren are getting a divorce or are already divorced, one of the parents is dead, or where the parents of the grandchildren never married and do not reside with each other. The law requires grandparents to prove that denying visitation would harm the grandchildren's mental, physical, or emotional health. The law, however, requires a judge to deny visitation if two fit parents sign an affidavit that opposes granting the grandparenting time. For other options, grandparents should read Kinship Care.

Probate

The death of a loved one raises a multitude of issues. Intertwined with the emotional issues of grief and loss are the legal issues associated with settling the affairs of the loved one. Probate is the court process used to resolve such matters. Rathert Law Offices would be happy to assist you with probate issues.

For additonal information and questionnaires, clickHERE.

Appeals
Child Custody
Divorce
Estate Planning
Guardianships
Visitation
Probate

Resources

Client Info Fillable.pdf

BEST INTREST QUESTIONNAIRE.pdf

DIVORCE AND CHILD CUSTODY QUESTIONNAIRE.pdf

GRANDPARENT VISITATION.pdf

CHILD CUSTODY QUESTIONNAIRE.pdf

DIVORCE (WITHOUT MINOR CHILDREN) QUESTIONNAIRE.pdf

Individual_Rights_in_Guardianships.pdf

Adoption Questionnaire Fillable.pdf

INFORMATION FOR GRANDPARENTS v4.pdf

ESTATE PLANNING QUESTIONNAIRE.pdf

adoptionpamphletnew.pdf

Probate Estate Questionnaire Fillable.pdf

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Resources

Contact Us

Office Location:137 North Park StreetKalamazoo, MI 49007Tel: 269-349-6808Fax: 269-349-1517Toll Free: 1-866-RATHERTkenrathert_rathertlaw.comjengrahek_rathertlaw.comProviding service throughout Michigan, including Adrian, Allegan, Bangor, Battle Creek, Benton Harbor, Berrien Springs, Big Rapids, Cadillac, Cass City, Cassopolis, Cedar Springs, Coldwater, Constantine, Coopersville, Copemish, Detroit, Dorr, East Lansing, Fennville, Galesburg, Grand Haven, Grand Junction, Grand Ledge, Grand Rapids, Grandville, Holland, Jackson, Jenison, Kalamazoo, Kaleva, Kalkaska, Lacota, Lansing, Lawrence, Lawton, Leroy, Ludington, Manistee, Marshall, Mattawan, Mecosta, Mendon, Middleville, Mount Pleasant, Nashville, New Era, Niles, Onekama, Owosso, Paw Paw, Petoskey, Pigeon, Portage, Quincy, Saginaw, Saint Clair Shores, Saint Joseph, Saugatuck, Schoolcraft, Scotts, South Haven, Spring Arbor, Spring Lake, Stevensville, Sturgis, Thompsonville, Three Rivers, Traverse City, Union Pier, Vandalia, Vicksburg, Watervliet, West Branch, West Olive, White Cloud, White Pigeon, Whitehall, Williamsburg, Zeeland, and other cities.