Zionsville Paternity Attorney — Establishing Your Parental Rights | Free Consultation
Whether you are an unmarried father seeking custody and parenting time or a mother pursuing child support, our Zionsville paternity attorneys guide Boone County families through every step of establishing legal parentage under Indiana law. With an office in Zionsville and over 45 years of combined experience, JR Emerson and Jill Bracken-Emerson provide the personal attention your case demands.
45+
Years Combined Experience
1,000+
Families Served in Central Indiana
20+
Years in Hamilton County Courts
Free
Initial Consultations
Quick Answer: How Do I Establish Paternity in Zionsville, Indiana?
There are two primary ways to establish paternity in Indiana: signing a paternity affidavit (available at the hospital within 72 hours of birth or at your local health department anytime before the child is emancipated) or filing a paternity action in court. For Zionsville residents, paternity cases are filed in the Boone County Circuit Court in Lebanon. Once paternity is legally established, the court can issue orders for custody, parenting time, and child support. An unmarried father has no legal rights to custody or parenting time until paternity is established — making it essential to act promptly. Call Emerson Divorce and Accident Injury Attorneys at (317) 969-8000 for a free consultation with a Zionsville paternity attorney.
Why Zionsville Families Choose Emerson Divorce and Accident Injury Attorneys for Paternity Cases
Office Right in Zionsville — Our Zionsville office at 4582 NW Plaza West Dr, Suite 7, means you never have to travel far for in-person meetings, document signing, or case updates. We are part of this community.
Boone County Court Knowledge — We regularly practice before Judge Lori N. Schein and Magistrate Sally Berish in the Boone County Circuit Court, which holds exclusive jurisdiction over paternity matters. We know the local procedures, preferences, and expectations.
Direct Attorney Access — When you call Emerson Divorce and Accident Injury Attorneys, you speak with JR or Jill — not a call center, not a paralegal screening your call. Your case gets the personal attention it deserves from an experienced attorney.
Transparent Hourly Billing — We believe in honest pricing. You will receive detailed billing statements so you always know exactly what you are paying for. No hidden fees, no surprises.
Compassionate Guidance Through Emotional Situations — Paternity cases involve deeply personal matters. We approach every case with empathy, helping you navigate the legal process while protecting the rights that matter most — yours and your child's.
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Zionsville Paternity Attorneys Who Understand What Is at Stake
At Emerson Divorce and Accident Injury Attorneys, we understand that paternity matters are about far more than paperwork — they are about securing your relationship with your child and ensuring that both parents fulfill their legal responsibilities. Whether you are an unmarried father seeking to establish your legal rights or a mother pursuing a child support order, our Zionsville paternity attorneys are here to guide you with compassion and experience.
JR Emerson and Jill Bracken-Emerson bring over 45 years of combined legal experience to every paternity case. With offices in Zionsville, Carmel, and Fishers, we serve families throughout Boone County and central Indiana. Our husband-and-wife attorney team means you always work directly with an experienced lawyer who knows your case inside and out — not a rotating staff of paralegals or junior associates.
We have helped hundreds of parents navigate the paternity process in Indiana courts, including the Boone County Circuit Court in Lebanon, where Zionsville paternity cases are filed. Our familiarity with local judges, court staff, and procedures allows us to advocate effectively for your parental rights from the very first hearing.
Boone County Circuit Court — Where Zionsville Paternity Cases Are Filed
Because Zionsville is located in Boone County, paternity cases involving Zionsville residents are filed in the Boone County Circuit Court in Lebanon, Indiana — approximately 15 miles northwest of downtown Zionsville. Unlike many Indiana counties where family law cases are spread across multiple courts, the Boone County Circuit Court holds exclusive jurisdiction over paternity cases, which means your case will be handled by judges and magistrates who specialize in these matters.
Judge Lori N. Schein presides over the Boone Circuit Court, and paternity cases are typically heard by Magistrate Sally Berish. Our attorneys appear regularly in this courthouse and understand the local procedures, filing requirements, and expectations that can make a meaningful difference in how your case proceeds.
The courthouse is easily accessible from Zionsville via US-421 North or I-65 North to the Lebanon exit, with ample free parking available around the courthouse square.
A Message from Your Zionsville Paternity Attorneys
Take a moment to hear directly from JR and Jill about how we approach paternity cases and what you can expect when you work with our firm.
No pressure, no obligation — just two attorneys who care about doing this the right way.
Why Choose Emerson Divorce and Accident Injury Attorneys for Your Zionsville Paternity Case
Local Office in Zionsville
Our office at 4582 NW Plaza West Dr, Suite 7, means you can meet with your attorney close to home. We are embedded in this community and understand the unique dynamics of Zionsville families.
Direct Attorney Representation
You will always work directly with JR or Jill. We do not hand your case off to junior associates or paralegals. When you call our office, an attorney answers your questions.
Transparent Billing
We provide detailed monthly statements so you always understand your investment. No hidden fees. No surprises. You will know exactly what you are paying for at every stage of your case.
Empathetic, Results-Focused Approach
Paternity cases involve deeply personal emotions. We provide compassionate guidance while advocating strongly for your parental rights. Our goal is to protect what matters most — your relationship with your child.
Why Zionsville Paternity Cases Are Different
Zionsville is not your average Indiana suburb, and paternity cases here reflect the community's distinctive demographics, family structures, and lifestyle. A paternity attorney who understands the local landscape can make a meaningful difference in how your case is resolved.
High-Income Households and Complex Support Calculations
With a median household income exceeding $137,000 and a per capita income over $66,000, Zionsville is one of the most affluent communities in Indiana. Many families here include dual-income professionals, business owners, and executives commuting to corporate campuses in Indianapolis and Carmel. This means paternity cases in Zionsville frequently involve higher-than-average child support calculations, deviation arguments from the Indiana Child Support Guidelines, and disputes over income attribution for self-employed or commission-based parents. Our attorneys have extensive experience navigating these complex financial situations to ensure fair and accurate support orders.
Zionsville Community Schools and Custody Stability
The Zionsville Community Schools district is consistently ranked among the top school systems in Indiana, with a near-100% graduation rate at Zionsville Community High School. The district includes Eagle Elementary, Stonegate Elementary, Pleasant View Elementary, Trailside Elementary, Union Elementary, and Zionsville Middle School. In paternity cases involving custody and parenting time, maintaining a child's enrollment in their current Zionsville school is almost always a central issue. Courts consider school stability a significant factor when evaluating parenting plans, and our attorneys know how to frame these arguments effectively before the Boone County Circuit Court.
Community Lifestyle and Parenting Time Schedules
Zionsville's family-oriented community offers extensive youth activities that directly impact parenting time arrangements. From youth sports leagues at the Zionsville Youth Soccer Association fields and the Lions Club Park recreational facilities to programs at the Hussey-Mayfield Memorial Public Library and the SullivanMunce Cultural Center, children in Zionsville maintain busy schedules that parenting time orders must accommodate. Our attorneys help craft parenting plans that reflect your child's actual daily life — not a generic template that ignores the realities of raising a child in this community.
Housing Values and Property Considerations
The median home value in Zionsville exceeds $400,000, with many properties in neighborhoods like Holliday Farms, Cobblestone Lakes, Royal Run, Austin Oaks, and Irongate valued significantly higher. In paternity cases where the parents previously lived together or co-own property, questions about housing stability, the marital home equivalent, and the child's living environment become important considerations. Understanding the local real estate market helps us advocate for living arrangements that serve the child's best interests.
Corporate Relocation and Interstate Issues
Zionsville's proximity to major employers and Indianapolis's growing corporate presence means families here frequently face relocation challenges. A parent who accepts a transfer or new position out of state can trigger complex jurisdictional questions under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). We have experience handling interstate custody disputes and ensuring that Zionsville parents' rights are protected when relocation becomes an issue in a paternity case.
Types of Paternity Cases We Handle in Zionsville
Voluntary Paternity Establishment
When both parents agree on paternity, we assist with properly executing and filing paternity affidavits and ensuring all legal rights and responsibilities are correctly established from the start.
Contested Paternity Actions
When one parent disputes paternity, we file court actions, request court-ordered DNA testing through accredited laboratories, and present evidence to establish or disestablish legal fatherhood.
Unmarried Father's Rights
We help unmarried fathers establish legal paternity and then pursue custody, parenting time, and decision-making authority. Learn more about fathers' rights in Indiana.
Paternity and Child Support
Establishing paternity is the first step in securing a child support order. We help mothers obtain fair support and help fathers ensure calculations accurately reflect their income and circumstances.
Paternity Affidavit Rescission
Indiana law allows a father to rescind a paternity affidavit within 60 days. After that window closes, rescission is only possible through proof of fraud, duress, or material mistake of fact. We handle both timely and contested rescission cases.
Custody and Parenting Time After Paternity
Once paternity is established, we pursue comprehensive custody and parenting time orders tailored to your family's needs, including joint legal custody arrangements and detailed parenting plans.
The Paternity Process: Step by Step
Free Initial Consultation
We listen to your situation, explain your legal options, and help you understand how Indiana paternity law applies to your specific circumstances. There is no cost and no obligation.
Filing the Paternity Petition
We prepare and file your paternity petition with the Boone County Circuit Court, ensuring all required documents are complete and properly served on the other party.
Genetic Testing (If Necessary)
If paternity is disputed, we request court-ordered DNA testing through an accredited laboratory. Indiana courts will not accept at-home DNA tests — we ensure testing is done properly so results are legally admissible.
Establishing Legal Paternity
Once the court determines paternity — through agreement, DNA evidence, or testimony — a formal paternity decree is entered establishing the legal father-child relationship.
Custody and Parenting Time Orders
We advocate for custody and parenting time arrangements that protect the child's best interests and reflect your involvement in their life. This includes legal custody, physical custody, and a detailed parenting time schedule.
Child Support Calculation
We ensure child support is calculated accurately using the Indiana Child Support Guidelines, taking into account both parents' incomes, healthcare costs, childcare expenses, and the parenting time arrangement.
Negotiation or Contested Hearing
Many paternity cases are resolved through negotiation. When parents cannot agree, we are prepared to present your case at a contested hearing and advocate for the outcome that best serves your child.
Ongoing Support and Modifications
Life changes. As circumstances evolve, we can help you pursue modifications to custody, parenting time, or child support orders to keep them aligned with your family's current reality.
Establishing Paternity in Indiana: What Zionsville Parents Need to Know
Under Indiana law, a child born to married parents is automatically presumed to be the child of both spouses. When parents are not married, however, the father has no legal rights — and no legal obligations — until paternity is formally established. This is true even if the father's name is on the birth certificate. There are two primary methods for establishing paternity in Indiana.
Paternity Affidavit
A paternity affidavit is a legal document that allows an unmarried mother and father to declare, under penalty of perjury, that the man is the biological father of the child. The affidavit can be completed at the hospital within 72 hours of birth or at the local health department at any time before the child is emancipated. When properly executed, the paternity affidavit establishes legal fatherhood without requiring a court hearing. It places the father's name on the birth certificate and entitles him to parenting time under the Indiana Parenting Time Guidelines.
Importantly, a father has only 60 days after signing to rescind a paternity affidavit. After that window, the affidavit can only be challenged through proof of fraud, duress, or material mistake of fact. A woman who knowingly and falsely names a man as the biological father can be charged with a Class A misdemeanor.
Court-Ordered Paternity
When the parents disagree about paternity or a paternity affidavit was never signed, either parent can file a paternity action in court. For Zionsville residents, this action is filed in the Boone County Circuit Court. The court may order genetic (DNA) testing through an accredited laboratory. Once DNA results confirm paternity — typically showing a 99.9%+ probability — the court enters a paternity decree and can immediately address custody, parenting time, and child support. A paternity action must generally be filed within two years of the child's birth, though important exceptions exist for the child (who may file until age 20) and for cases involving public assistance.
Facing a Difficult Family Law Decision in Zionsville?
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Parental Rights and Responsibilities After Paternity Is Established
Once paternity is legally established in Indiana, both parents gain specific rights and obligations. Understanding these rights is essential for Zionsville parents navigating the paternity process.
Custody Rights
In Indiana, the mother of a child born to unmarried parents has sole legal custody by default — even after a paternity affidavit is signed. To obtain custody rights, a father must petition the court for a custody order. Indiana courts evaluate custody under the "best interests of the child" standard, considering factors outlined in IC 31-14-13-2, including each parent's fitness, the child's relationship with each parent, the child's adjustment to home and school, and the wishes of the child (if old enough). Courts do not favor mothers over fathers — both parents are evaluated equally once paternity is established.
Parenting Time
After establishing paternity, a father is entitled to parenting time under the Indiana Parenting Time Guidelines, which provide a baseline schedule including alternating weekends, one or two weeknight visits, extended time during school breaks, and a holiday rotation. For Zionsville families, parenting time schedules should account for the child's school calendar in the Zionsville Community Schools district and extracurricular activities. Our attorneys help craft detailed parenting plans that reflect your child's actual daily life.
Child Support Obligations
Both parents share a legal obligation to financially support their child. Indiana uses an income shares model under IC 31-16-6 to calculate child support, considering both parents' incomes, healthcare costs, childcare expenses, and the parenting time arrangement. In Zionsville's high-income environment, deviations from the guidelines are common and require careful legal advocacy.
Inheritance and Benefits
Establishing paternity allows a child to inherit from the father, receive Social Security and veterans' benefits based on the father's work history, and access the father's health and life insurance. These financial protections are a crucial reason to establish paternity promptly, regardless of the parents' relationship status.
Indiana Paternity Law: Key Statutes
IC 31-14 — Indiana Paternity Actions
This is the primary statutory framework governing paternity establishment in Indiana. It covers filing requirements, genetic testing, court orders, and the rights and obligations that flow from a paternity determination.
IC 16-37-2-2.1 — Paternity Affidavit
Governs the execution of paternity affidavits, including the requirements for signing, the 60-day rescission window, and the legal effects of a properly executed affidavit.
IC 31-14-13-2 — Best Interests Factors in Paternity Cases
Lists the factors Indiana courts consider when determining custody in paternity cases, including each parent's fitness, the child's relationship with each parent, the child's wishes, and the child's adjustment to home, school, and community.
IC 31-16-6 — Child Support Guidelines
Establishes Indiana's income shares model for calculating child support obligations. Both parents' incomes, healthcare costs, childcare expenses, and parenting time arrangement are factored into the calculation.
IC 31-17-4 — Indiana Parenting Time Guidelines
Provides the baseline parenting time schedule used by Indiana courts, including provisions for weekday visits, alternating weekends, holidays, and extended summer time.
IC 31-19-5 — Putative Father Registry
Indiana's Putative Father Registry allows men who believe they may have fathered a child to register so they receive notice if the child is placed for adoption. Registration is critical for protecting an unmarried father's rights.
Protect What Matters Most
Your family, your future, your rights. Let us help you find the path forward.
What to Bring to Your Paternity Consultation
Documents to Gather
✓ Child's birth certificate (if available)
✓ Any signed paternity affidavit
✓ DNA test results (if testing has been done)
✓ Any existing court orders (custody, support, protective)
✓ Income documentation (pay stubs, tax returns, W-2s)
✓ Communication records with the other parent
Information to Prepare
✓ Timeline of the relationship with the other parent
✓ Child's current living arrangements and school enrollment
✓ Your involvement in the child's daily care and activities
✓ The other parent's contact information and address
✓ Your goals for custody, parenting time, and support
✓ Any safety concerns (domestic violence, substance abuse)
Boone County Court Guide for Zionsville Paternity Cases
Boone County Circuit Court
Address: 310 Courthouse Square, Lebanon, IN 46052
Phone: (765) 482-0530
Clerk's Office: 212 Courthouse Square, Lebanon, IN 46052 — (765) 482-3510
Hours: 8:00 AM – 4:00 PM EST, Monday – Friday
Circuit Court Judge: Judge Lori N. Schein
Paternity Magistrate: Magistrate Sally Berish
Jurisdiction Note: Boone Circuit Court has exclusive jurisdiction over paternity, CHINS, juvenile delinquency, and status cases.
Directions from Zionsville:
From downtown Zionsville, take US-421 North (Michigan Road) approximately 13 miles to Lebanon. Turn left onto Washington Street and continue to the Courthouse Square. The courthouse is in the center of the square. Free parking is available on surrounding streets and in nearby lots. The drive is approximately 20 minutes in normal traffic conditions. Alternatively, take I-65 North to Exit 138 (SR-32/Lebanon), then head west on SR-32 into downtown Lebanon.
How Long Does a Zionsville Paternity Case Take?
2–4 Weeks
Agreed Paternity
Both parents agree on paternity and custody. Straightforward filing with minimal court involvement.
2–4 Months
DNA Testing Required
Paternity is disputed. Court-ordered testing adds time, but most cases resolve after results confirm paternity.
4–8 Months
Contested Custody
Parents agree on paternity but dispute custody or parenting time. May involve mediation, a guardian ad litem, or a custody evaluation.
8–12+ Months
Highly Contested
Paternity and custody are both disputed. Complex cases involving interstate jurisdiction, contested rescission, or domestic violence concerns.
Results for Hamilton County and Boone County Families
Paternity and Custody Establishment
Unmarried father sought legal custody of his child. JR established paternity and obtained joint legal custody with a favorable parenting time schedule.
Contested Child Support Modification
Father's income increased significantly after initial order. JR proved the substantial change in circumstances and obtained a modified support order reflecting the father's true earning capacity.
Grandparent Visitation Rights
Grandparents were denied all contact with grandchildren after their child's death. Jill established grandparent visitation rights under Indiana law, preserving the family relationship.
Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.
What Our Clients Say
★★★★★
"JR and all of his associates are an amazing firm who will always fight for your best interests. They have been extremely helpful with assisting me through a very difficult part of my life. I can't recommend them highly enough!"
Alexander Jones — Jan 30, 2024
★★★★★
"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."
Shannon Poole — Feb 8, 2024
Related Family Law Services in Zionsville
Frequently Asked Questions About Paternity in Zionsville, Indiana
How do I establish paternity in Indiana if I am an unmarried father?
You can establish paternity in Indiana by signing a paternity affidavit with the mother at the hospital within 72 hours of the child's birth, or at your local health department at any time before the child is emancipated. If the mother does not agree or you did not sign at birth, you can file a paternity action in the Boone County Circuit Court. The court may order DNA testing to determine biological paternity. Once paternity is established, you can petition for custody, parenting time, and child support orders.
Does signing a paternity affidavit give the father custody rights in Indiana?
No. Signing a paternity affidavit establishes legal fatherhood, but the mother retains sole legal custody unless both parents agree to joint custody on the affidavit or a court enters a different order. The father gains parenting time rights under the Indiana Parenting Time Guidelines, but custody must be addressed separately through a court order. We recommend consulting a Zionsville child custody attorney to understand your options.
Where do I file a paternity case if I live in Zionsville, Indiana?
Zionsville residents file paternity cases in the Boone County Circuit Court, located at 310 Courthouse Square in Lebanon, Indiana. Boone Circuit Court has exclusive jurisdiction over paternity matters in Boone County. The courthouse is approximately 15 miles from downtown Zionsville, about a 20-minute drive via US-421 North.
Can I get a DNA test to prove paternity in Indiana?
Yes. Either parent can request that the court order DNA testing to determine paternity. The testing must be performed by an accredited laboratory — Indiana courts will not accept at-home DNA test results. DNA testing typically shows a probability of paternity exceeding 99.99% and is considered highly reliable evidence. The cost of testing may be assigned to one or both parties by the court.
What rights does an unmarried father have in Indiana?
Until paternity is legally established, an unmarried father has no legal rights to custody, parenting time, or decision-making authority regarding the child. Once paternity is established, the father has the right to petition for custody, seek parenting time, participate in major decisions about the child's education and healthcare, have the child carry his surname, and receive inheritance and benefits eligibility. Learn more about fathers' rights in Zionsville.
How long do I have to file a paternity case in Indiana?
A paternity action must generally be filed within two years of the child's birth. However, there are important exceptions: the child can file until their 20th birthday, and if the child has received public assistance, the state can file before the child's 19th birthday or high school graduation, whichever comes first. There are additional exceptions, so it is important to consult an attorney promptly.
Can I undo or rescind a paternity affidavit in Indiana?
A father has 60 days after signing a paternity affidavit to file an action in court to rescind it. During this period, the court may require DNA testing. After the 60-day window closes, the affidavit can only be withdrawn with proof of fraud, duress, or material mistake of fact — a much higher legal standard. Acting quickly is essential if you believe a paternity affidavit was signed in error.
Who has custody of a child born to unmarried parents in Indiana?
In Indiana, the mother of a child born outside of marriage has sole legal and physical custody by default, even if the father has signed a paternity affidavit. The father does not gain custody rights automatically — he must petition the court for a custody order. This is one of the most important reasons for unmarried fathers to take legal action promptly after establishing paternity.
How is child support calculated in an Indiana paternity case?
Indiana uses an income shares model (IC 31-16-6) to calculate child support based on both parents' gross incomes, the number of children, healthcare costs, childcare expenses, and the parenting time arrangement. The court can also consider deviations from the guidelines in cases involving high-income parents, self-employment, or extraordinary expenses — situations that are common among Zionsville families.
Can a mother refuse to let the father see the child if there is no court order?
If there is no court order establishing custody or parenting time, the mother (who has default sole custody) is not legally required to allow the father access to the child. This is why establishing paternity and obtaining a court order for parenting time is essential. Without a formal order, a father has no legal recourse if the mother restricts or denies visitation.
What is the Indiana Putative Father Registry?
The Indiana Putative Father Registry allows men who believe they may have fathered a child to register with the state (IC 31-19-5). Registration ensures the father receives notice if the child is placed for adoption. It does not establish paternity on its own, but it is a critical protective step for unmarried fathers who want to ensure their rights are preserved. Registration should be done as early as possible.
How much does it cost to hire a paternity attorney in Zionsville?
At Emerson Divorce and Accident Injury Attorneys, we provide a free initial consultation so you can understand your legal options before committing. Paternity cases are billed at an honest hourly rate with transparent, detailed monthly statements. The total cost depends on the complexity of your case — agreed paternity matters are significantly less expensive than contested cases involving DNA testing and custody disputes. We discuss anticipated costs upfront so there are no surprises.
Can paternity be established after the father has died?
Yes, but the paternity action must be filed during the father's lifetime or within five months of his death. Establishing posthumous paternity can allow the child to inherit from the father's estate and receive Social Security survivor benefits. If you need to establish paternity after a father's death, it is important to act quickly to meet the statutory deadline.
What happens at a paternity hearing in Boone County?
At a paternity hearing before the Boone County Circuit Court, both parents appear and either agree to paternity or contest it. If contested, the court may order DNA testing and continue the hearing until results are available. Once paternity is determined, the court addresses custody, parenting time, child support, and may also determine the child's surname. Having an experienced attorney present at this hearing is critical to protecting your rights and establishing favorable terms.
Can an unmarried father get joint custody in Indiana?
Yes. Once paternity is established, an unmarried father has the same legal right to petition for joint custody as any other parent. Indiana courts apply the "best interests of the child" standard and do not favor mothers over fathers. Fathers who have been actively involved in the child's life, demonstrated stability, and maintained a positive co-parenting relationship are well-positioned to obtain joint legal and physical custody.
Serving Families Across Zionsville and Surrounding Communities
Our Zionsville paternity attorneys serve families throughout the Zionsville area, including residents of these neighborhoods and subdivisions:
Cobblestone Lakes
Royal Run
Austin Oaks
Irongate
Blackstone
Village Walk
Stonegate
Colony Woods
Brookhaven
Brittany Chase
Anson
Wild Air
Coventry Ridge
Deer Ridge
Fox Hollow
Irishman's Run
Preserve at Spring Knoll
Downtown Village
We Also Serve Families in Nearby Communities:
You Are Our Top Priority
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When you're dealing with a serious injury or facing a difficult divorce, the last thing you need is a law firm that treats you like a number. At Emerson Divorce and Accident Injury Attorneys, you will speak directly with JR or Jill — not a call center, not an intake coordinator, not a paralegal screening your call.
We provide every potential client with a free initial consultation so we can listen to your story, answer your questions, and give you an honest assessment of your options. There is no cost and no obligation to talk to us about your case.
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Zionsville, IN 46077
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*DISCLAIMER: Past results cannot guarantee future performance. Any result in a single case does not constitute a promise, prediction, or guarantee regarding the outcome of any other case. Each case involves many different factors and thus results will always be different from case-to-case.
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