Ziemer Law Blog

0

How to Win a Child Custody Case: Expert Tips and Strategies

By
Jay Ziemer
– September 22, 2023Posted in: Family Law

Child custody cases are emotionally charged legal battles that require careful planning, strategic thinking, and a deep understanding of family law. Whether you’re a parent seeking primary custody or joint custody, the ultimate goal is to provide the best environment for your child’s growth and well-being. In this blog post, Ziemer Law shares expert tips and strategies to help you navigate a child custody case successfully, while keeping your child’s best interests at the forefront.

Understand the Legal Basics

Before diving into the intricacies of a child custody case, it’s essential to have a solid understanding of the legal framework. Research your jurisdiction’s laws, rules, and guidelines related to child custody. Familiarize yourself with terms like legal custody, physical custody, joint custody, and sole custody. A strong foundation in family law will help you make informed decisions throughout the process.

Put Your Child’s Best Interests First

Courts prioritize the child’s best interests when making custody decisions. Focus on creating a stable, nurturing, and safe environment for your child. Be prepared to demonstrate your ability to meet their emotional, physical, educational, and social needs. Present evidence that showcases your commitment to fostering a positive and healthy relationship.

Maintain a Positive Co-Parenting Relationship

A willingness to cooperate with your co-parent is crucial. Courts appreciate parents who can communicate and collaborate effectively, even if the relationship has ended. Avoid disparaging comments about the other parent and instead focus on demonstrating your willingness to work together in the child’s best interests.

Document Everything

Accurate and organized documentation can be a game-changer in a custody case. Keep a record of all communication with your co-parent, including emails, text messages, and phone calls. Maintain a detailed journal noting interactions, visitation schedules, and any concerns you may have about your child’s well-being.

Seek Mediation

Mediation can provide a less adversarial route to resolving custody disputes. A skilled mediator can help both parties find common ground and reach mutually acceptable agreements. Opting for mediation not only saves time and costs but also fosters a more amicable co-parenting relationship.

Build a Strong Support System

Child custody cases can be emotionally draining. Surround yourself with a supportive network of friends, family, therapists, and counselors who can provide emotional guidance and help you maintain your well-being throughout the process.

Hire an Experienced Family Law Attorney

Enlisting the services of an experienced family law attorney is one of the most important steps you can take. A knowledgeable attorney, like Ziemer Law will guide you through the legal complexities, help you build a solid case, and advocate for your rights in court. They’ll also ensure that your actions and statements align with legal standards, enhancing your chances of success.

Present Strong Evidence

Evidence is crucial in a custody case. Compile relevant documents such as school records, medical records, financial information, and character references. Testimonies from teachers, counselors, and medical professionals can carry significant weight in demonstrating your dedication to your child’s well-being.

Demonstrate Stability

Courts value stability when determining custody arrangements. Present evidence of a stable home environment, consistent routines, and a history of providing for your child’s needs. Demonstrating your ability to provide a secure and nurturing environment can greatly influence the court’s decision.

Showcase Your Involvement and Commitment

Highlight your active involvement in your child’s life. Detail your participation in their education, extracurricular activities, and daily routines. Providing concrete examples of your commitment to their growth and development can sway the court in your favor.

Winning a child custody case requires careful planning, thorough preparation, and a commitment to your child’s well-being. By understanding the legal landscape, prioritizing your child’s best interests, and following these expert tips, you can present a compelling case that reflects your dedication as a parent. Remember that every custody case is unique, and seeking guidance from an experienced family law attorney is essential to navigating the complexities of the legal process. With the right strategies and a focus on your child’s future, you can increase your chances of securing a positive outcome in your child custody case.

0

The Role of an Attorney in Uncontested Divorce: More Than Just Paperwork

By
Jay Ziemer
– August 28, 2023Posted in: Family Law

Divorce is a complex and emotionally challenging process that often conjures images of courtroom battles and heated disputes. However, not all divorces unfold this way. Uncontested divorce offers an alternative approach that focuses on collaboration and mutual agreement between the parties involved. In such cases, the role of an attorney becomes pivotal, extending beyond mere paperwork to guide and support individuals through a smoother transition. This article explores the significant role that attorneys play in uncontested divorces, highlighting how legal expertise and guidance can make all the difference in achieving a peaceful and efficient separation.

Understanding Uncontested Divorces

An uncontested divorce occurs when both spouses mutually agree on all aspects of the divorce, including property division, child custody, alimony, and other critical matters. Unlike contested divorces that involve adversarial court proceedings, uncontested divorces are typically quicker, less costly, and less emotionally taxing. They emphasize communication, compromise, and reaching an agreement that serves the best interests of both parties and any children involved.

The Role of an Attorney

  • Providing Legal Guidance: While uncontested divorces may seem straightforward, there are still legal complexities that require attention. Attorneys provide invaluable guidance to ensure that all decisions and agreements comply with relevant laws and regulations. Their legal expertise ensures that no critical detail is overlooked, preventing potential issues from arising in the future.
  • Facilitating Communication: Effective communication between spouses is central to the success of an uncontested divorce. Attorneys act as intermediaries, helping facilitate productive conversations and ensuring that emotions do not hinder progress. They offer a neutral perspective and help the parties stay focused on their shared goals.
  • Drafting Comprehensive Agreements: The heart of an uncontested divorce lies in the agreements made between the parties. Attorneys assist in drafting legally binding and comprehensive agreements that cover all aspects of the divorce, including property division, child custody, visitation schedules, and financial arrangements. These agreements provide clarity and prevent potential conflicts down the road.
  • Protecting Individual Interests: Even in uncontested divorces, there may be moments when the interests of the parties diverge. Attorneys act as advocates for their clients, ensuring that their rights and interests are protected throughout the negotiation process. This ensures a balanced outcome that meets the needs of both parties.
  • Navigating Complex Legal Procedures: Uncontested divorces still require adherence to legal procedures and paperwork filing. Attorneys guide their clients through the necessary steps, ensuring that all documents are correctly completed and submitted in a timely manner. Their familiarity with the legal system minimizes the risk of procedural errors that could lead to delays or complications.
  • Mediation and Resolution Facilitation: In some cases, disagreements may arise during the uncontested divorce process. Attorneys can act as mediators, helping parties find common ground and facilitating compromises that align with the best interests of all involved. This approach maintains the amicable nature of the uncontested process.
  • Minimizing Stress and Emotional Strain: Even in the most amicable divorces, emotions can run high. Attorneys provide a stabilizing influence, guiding their clients through emotionally challenging moments and offering support during what can be a difficult transition. This emotional guidance is often underestimated but greatly appreciated by clients.

Ziemer Law’s Approach

Ziemer Law is a shining example of a legal practice that understands the nuanced role attorneys play in uncontested divorces. With a reputation for providing comprehensive legal support, Ziemer Law takes a holistic approach to guide clients through the divorce process.

Thorough Consultation: Attorneys at Ziemer Law begin by conducting a detailed consultation with clients to understand their unique circumstances and goals. This initial step allows them to tailor their approach and provide personalized advice that aligns with the clients’ wishes.

Emphasis on Collaboration: Recognizing the collaborative nature of uncontested divorces, Ziemer Law encourages open communication between spouses. Attorneys act as facilitators during negotiations, ensuring that each party’s voice is heard and that a fair and reasonable resolution is reached.

Comprehensive Documentation: Ziemer Law’s attorneys meticulously draft comprehensive agreements that leave no room for ambiguity. These agreements cover all relevant aspects, from property division to child custody arrangements, providing a solid foundation for the future.

Experienced Mediation: Should disagreements arise, Ziemer Law’s attorneys are skilled in mediation techniques. They strive to find solutions that respect the parties’ intentions and shield them from unnecessary stress or acrimony.

Client-Centric Focus: Ziemer Law places its clients’ needs at the forefront. Attorneys walk alongside their clients throughout the process, offering empathetic support and strategic guidance that eases the emotional burden often associated with divorce.

 

Uncontested divorces offer a pathway to separation that prioritizes collaboration, compromise, and mutual agreement. Attorneys in uncontested divorce cases are far more than just paperwork processors; they serve as legal guides, emotional pillars, and mediators to ensure a smoother and more peaceful transition. Their expertise is vital in navigating the legal complexities, drafting comprehensive agreements, and protecting the individual interests of the parties involved. A well-rounded approach that emphasizes communication, documentation, and client-centric support by Ziemer Law can make all the difference in achieving an amicable and successful uncontested divorce.

0

OWI vs DUI in Indiana

By
Jay Ziemer
– March 22, 2022Posted in: Family Law

OWI vs DUI in Evansville

In Indiana code, OWI (operating while intoxicated) is the term used for what is known in most states as DUI (driving under the influence) – both of which carry similar legal consequences. 

But those facing these consequences often find themselves wondering “what’s the difference between DUI and OWI – and what should I do if I get arrested?”

Ziemer Law can clear up any questions regarding the distinctions and similarities between an OWI arrest in Indiana and a DUI – as well as what to expect and what to do about it.

Is it OWI or DUI in Indiana?

What does OWI mean exactly?

OWI is the term used in Indiana when accusing a person of operating a vehicle while under the influence of any mind-altering substances (alcohol, drugs, etc.). OWI is a catch-all offense that can be applied even if a vehicle is not in motion as long as the person inside is intoxicated.

The difference between “driving” and “operating” allows the authorities to arrest people who are not driving. If someone is sitting in a car with the engine on under the influence of a substance, they can be charged with an OWI, even if they’re parked on their property.   “Operating” can even be applied to boats or bicycles, making Indiana a “Zero Tolerance State.”  

One can be charged with OWI for several reasons. If a driver’s body is over the legal blood alcohol concentration (BAC) they can be arrested. Most drivers over the age of 21 have a legal BAC of 0.08%, with more severe penalties if found to have a BAC of 0.15% or more, while those under the legal drinking age have a BAC limit of 0.02% and those operating commercial vehicles are allowed 0.04%.

 

Being intoxicated on other drugs – whether legally obtained or not – while being in a vehicle can also lead to an OWI offense if the arresting officer confirms the person inside is inebriated. 

Using breathalyzers and blood tests, authorities can determine exactly what and how much of a substance a driver has in their system. However, Indiana Implied Consent Laws make it so anyone with a driver’s license who is unwilling to submit to screening can still be charged by authorities based on other circumstances such as physical evidence, visible impairment, or any legitimate indicator.

Consequences of OWI

An OWI charge in Indiana may result in a Class A misdemeanor charge for the driver – punishable by up to one year in prison and up to a $5,000 fine – or a felony if the incident involved a fatality, severe injury, or serious property damage. Charges like vehicular homicide/aggravated manslaughter are common if an intoxicated driver is responsible for any death, possibly leading up to years of incarceration.

Anyone convicted of felony OWI is looking at 6 months to 2 1/2 or more years in jail and up to $10,000 in fines.

Furthermore, the driver may also face civil lawsuits and other consequences of that nature if they are responsible for any injuries or property damage.

Legal Defense for OWI

Operating any type of motor vehicle under the influence of alcohol, drugs, or a combination of both is a criminal offense regardless of the acronym used. If accused of OWI in Indiana, a conviction for driving intoxicated will appear on criminal records nationwide, having long-term effects anywhere in the country those found guilty choose to reside. This may lead to missed career opportunities, increased scrutiny from the law, restriction of driving privileges, severe financial burdens, and a high degree of stress.

Ziemer Law has wide-ranging experience with OWI cases, representing clients with past offenses or those arrested for the first time.

If you or someone you know has been arrested for OWI in Evansville, Vanderburgh County, or anywhere in Indiana, call or contact Ziemer Law for your free consultation today.

With a history of successful defense in OWI cases throughout Indiana, Ziemer Law’s number one concern is making sure clients get the best representation in court.  There are several ways to protect your rights – let Jay help protect them for you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

0

Getting a Divorce in Indiana During the Covid-19 Pandemic

By
Jay Ziemer
– July 16, 2020Posted in: Family Law


The COVID-19 pandemic has had a strong influence on Indiana divorces, placing the last straw on the backs of many strained relationships.  This causes stress on the whole family, but with the proper care and Indiana family lawyer in court, reaching a satisfactory conclusion can be a lot less complicated.

Many find themselves wondering if now is a good time to file for divorce, but Ziemer Law, LLC is seeing proceedings move forward.  In the new normal created by social distancing and increased reliance on the phone and video conferencing, proceeding with a divorce is complex but far from impossible. 

If you’re seeking to file for divorce in Indiana during the pandemic, here are a few things to consider.

Safety

The number one concern for you and your family should be safety.  If there is domestic abuse in your household, you should not hesitate in asking the court for protection orders to preserve your well-being.

Another concern may be insurance.  Any Indiana divorce attorney will tell you, if you rely on your partner’s insurance for medical care, the continuation of adequate health insurance and related costs need to be included in the cost-benefit analysis.  Out of pocket services also need to be examined as the divorce proceeds.  

Finances

Courts rely on the incomes of both parties to determine spousal and child support, but – with the economic instability caused by the COVID-19 pandemic – this is more complicated than ever.  During the outbreak, many jobs have been interrupted, reduced, or turned into virtual work from home situations, leading to vast amounts of people relying on unemployment or other government-funded programs for support.

Though this is not permanent, it has immediate and long-term effects on everyone’s well-being – especially where children are involved.  If you or your spouse are facing financial burdens because of COVID-19, now may not be the best time to file for divorce.  As parties deliberate finances, your Indiana divorce lawyer needs to take into consideration increased job instability for you or your spouse in the coming months.

Children

When children are involved, agreeing on parenting may be more challenging during the Coronavirus pandemic but it’s still just as important. A guardian’s job could affect how often that parent can see the child.  Medical professionals are working around the clock, while retail businesses are on hiatus. This can impact a parent’s time with children, requiring alternative parenting arrangements or childcare. 

There are many options for each family in determining its response to the pandemic.  Once schedules return to normal, this is an issue that can be revisited.

Property

Another practical issue common in divorce is the issue of the family home and other joint property.  Indiana courts can issue orders forcing one party to vacate the family home, however, the pandemic makes finding a new residence difficult.  It’s common for some parties to live together while a divorce is pending.

These are awkward living conditions at best.  If things become dangerous, though, contact the authorities immediately.  

Consider living arrangements before filing for divorce – especially during the pandemic

Care and Experience is Critical

Ziemer Law, LLC understands that in these uncertain times families need an attorney with care and concern for a family’s well-being who is willing to work hard to reach an agreement that works for our clients.  Whether in need of a protection order, advice on timing a divorce, or simply want to speed up the process, Jay Ziemer can provide you with sound guidance. 

Experienced with success in family court all over Indiana, Jay’s number one concern is making sure his clients get the best representation in any court.  There are several ways to protect your family – let Jay help protect them with you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

0

Balance the Scales of Justice: Aggressive Court Battles in Indiana Require an Aggressive Attorney

By
Jay Ziemer
– June 25, 2020Posted in: Criminal Law

International attention to overzealous police tactics has come into strong focus following the death of George Floyd – sparking outcry demanding reform across all demographics.  But changes take time to achieve and many defendants need assistance now or risk losing much, not the least of which is freedom.  

Evansville Criminal Defense Attorney Jay Ziemer and his team see these possibilities in the eyes of worried clients every day.  As a former Chicago public defender and Evansville prosecutor, Jay is familiar with how investigations develop along with the possibility first responders may abuse their position in the Justice System.  

That’s why Ziemer Law, LLC, is so fervent when it comes to defending the rights, property, and freedom of our clients.

Whether facing Indiana Criminal Charges or need an Evansville divorce attorney to represent you in court, Ziemer Law is ardent about getting the best results.  Indiana has high numbers of substance abuse which reverberates throughout the community, making Vanderburgh drug charges and demands for a competent Indiana family lawyer common.  

With every case having its own intricate details that could make all the difference to our clients, Ziemer Law, LLC, ensures that we understand the particulars to reach the best possible outcome.  

It’s too frequent that innocent people are charged with crimes, because of intimidating police and obsessive prosecutors, making a rush to wrong judgment something regular.  Law Enforcement can be unprofessional during investigations and The State often seems only concerned with conviction.  Even when defendants think they’re guilty, an experienced criminal defense lawyer can win the case or secure a better plea bargain with the proper maneuvering.  

Sometimes the Justice System is aggressive and unjust – making your need for a defense or family law attorney in Vanderburgh critical.  Jay Ziemer makes sure The Scales of Justice are balanced for those we represent, achieving results that matter.  Just because you’re innocent till proven guilty doesn’t mean the stress of these circumstances isn’t heavy so you need someone one who can lift that burden off your back.  

Ziemer Law, LLC, does all the legal heavy lifting.

Experienced with success all over Indiana, Jay believes everyone truly is innocent until proven guilty and they have the right to a strong defense.  There are several ways to take a stand – let Jay take a stand for you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

Next Page »