Author: David T Cain

Fighting for Child Custody – A Battle with Variables

Imagine sitting down and talking to a mother who fears she will lose her children to her husband who makes a lot of money and has a good community reputation, but is secretly verbally abusive. As a mother, you want to keep your children away from the abuse even if it means the children’s quality of life will decrease after divorce. Or, imagine you are a well-educated father who spends many hours at work and wants custody of his children so they can remain in the same school district and keep the routine with which they are familiar.

Children are people, but sometimes they are treated like possessions in a divorce or visitation dispute. When a couple divorces, a custody battle outlines the legal framework for who will become the child’s dominant parent based on the best interest of the child. Each parent has certain legal rights, but additional rights may be given to a single parent. A cultural norm has traditionally favored mothers as the custodial parent, but that is changing. Fathers are fighting for longer visitation or to be the custodial parent.

The Law Office of Steven C Benke represents mothers and fathers on many child custody issues including military divorce, visitation rights, and modification of visitation rights. Culture is shifting, and while some attorneys may not recognize a father’s desires to be the custodial parent, Steven C. Benke is prepared to fight for fathers who would represent the best interest of the child. Ultimately, the Law Office of Steven C. Benke designs a custody agreement that represents the best interest of the child first, yet is fair for both parents.

Every case is unique and the variables surrounding divorce and lifestyle heavily influence court decisions in child custody cases. Experienced attorneys have an obligation to their clients, but also to the children who often do not understand the proceedings. As courts balance the needs of children with parents’ legal rights, attorneys do their best to prepare information that helps the custody process.

The Law Office of Steven C Benke knows parenting extends beyond reading books, changing diapers, making meals, and helping with homework. The parent who represents the child’s best interest is more than a lifestyle provider; he or she is a nurturer and will provide children with a meaningful existence. Protecting the rights of parents and the interests of children is a specialty of the Law Office of Steven C Benke.

Steven C Benke is an experienced San Antonio Divorce Attorney who is willing to stand up and fight for fairness for mothers, fathers, and most importantly, for children. Steven C Benke, San Antonio Divorce Attorney specializes in divorce and child custody. If you are fighting for custody, want to have visitation rights amended, or are in a military divorce where children are involved, contact his office at (210) 308-0004 today.

Motorcycle Accidents: What Should You Do and Not Do?

It only takes a split second for an accident to happen on the road. Accidents are particularly dangerous for motorcyclists who are exposed to the elements and lack the structural protection provided by cars. Too often, motorcycle injuries are caused by other drivers who are not consciously looking for motorcycles and cause an accident due to negligence. This is a phenomenon known as inattentional blindness; individuals fail to notice a fully-visible object.

At San Antonio Legal Expert can provide advice on what should and should not be done after a motorcycle accident.

Here are some things to do:

Call 911. Accidents need to be investigated and medical care may be necessary.

Talk to the investigating officer. Police will need to know what happened and who was involved. Be honest about the accident and provide as much information as possible. Details can be forgotten over time.

Take pictures of damage and record names of witnesses. Pictures tell a better story when verbal descriptions fail. Take pictures and record names of witnesses; this will help lawyers build a stronger case.

Notify your insurance company. This starts the claims process and demonstrates the driver is timely and responsible. If possible, avoid giving a statement until consulting with an attorney.

See a doctor immediately. Delaying medical care can hurt your defense, and doctors will record all injuries and pain related to the accident.

Keep all receipts and paperwork related to the accident and medical treatments.

You should not:

Speak to others at the scene about the accident. Unless it is to the police, making statements is admissible and can hurt your case.

Give a statement to anyone without consulting an attorney first. It is possible to be tricked into making a statement to another party’s attorney or an adjustor. Do not make apologies. Talking too soon may cause speculation about the accident.

Talk to someone representing a law firm claiming they want to represent you. Don’t trust lawyers that visit your home or the hospital. Chances are they will not represent your interests, and it is unethical.

Refuse to see a medical professional or skip treatments recommended by a doctor. Pain experienced later may be associated to the accident. Avoiding medical care or skipping treatment opens up doubt on whether injury is related to the accident.

Post about the accident or embellish it on social media. This can be used against a claim.

It is important to call an experienced legal expert to better understand motorcycle injury laws. Protect yourself, get compensated, and call an experienced personal injury attorney today.

San Antonio Personal Injury Lawyer

When you are involved in a serious injury, the physical emotional and financial costs can be overwhelming. When your medical bills, doctor visits or funeral expenses become overwhelming, the San Antonio Personal Injury Attorney at Ford and Laurel are here to help.

Board Certified Personal Injury Trial Lawyer

Injury lawyers handle a wide range of cases including, but not limited to, auto accidents, trucking accidents, workplace injuries, construction injuries, oilfield injuries, slips & falls, dog bites, and medical malpractice. If you or a family member has been injured in an accident, you need to call an experienced Personal Injury Trial Lawyer to discuss your case.

If you are uncertain about pursuing legal action, an injury lawyer will advise you of your legal rights and explain how easily you could lose those rights if you do not act quickly. That is the reason the Law Firm of Ford and Laurel provides a free, no obligation consultation regarding any injury you may have received. Our injury lawyers are prepared to meet with you anytime or any place. If you are unable to travel, we can come to you location or one that is more convenient to you. Our law firm is dedicated to serving the needs of our clients. We believe your case deserves personal attention and the best possible results. Call Sandra and put our injury lawyer to work for you!

Auto Accident Attorney

Even the most cautious drivers can find themselves injured in an auto accident. The roads are filled with hazards ranging from road construction sites, distracted drivers, drunk drivers, impaired drivers, drivers who are texting while driving, and even wrong-way drivers. If you’ve been injured in an accident, contact our San Antonio team of auto accident lawyer at the Ford and Laurel for a free consultation. They’ve successfully helped countless others in your situation, and they are ready to assist you.

The Ford and Laurel auto accident lawyer earn a fee only if money is collected on your behalf.

The San Antonio injury lawyer at the Ford and Laurel Law Office are recognized in the State of Texas as one of the most innovative and experienced law firms in the area. Our law firm is devoted to protecting your legal rights when you have been injured.

San Antonio Family Law Attorney

At The Law Office of Steven C. Benke, we strive to meet the needs of our clients each and every day. We are well versed in many areas of the law, but one of our main focuses involves family law. We strive to assist our clients with a number of family law issues including divorce, child support, child custody, custodial and non-custodial parent rights, father’s rights, grandparent’s rights, adoption, domestic violence, protective orders, and much more. The Law Office of Steven C. Benke is more than happy to answer any questions about family law and even offers a free consultation.

Founder: Steven C. Benke

Steven C. Benke has been practicing law for more than 15 years and brings a world of experience to our thriving company. He has served on more than 4,000 family law cases in the state of Texas and has more experience than nearly anyone in the San Antonio area. He is also a valuable member of the Texas Bar Association as well as the San Antonio Bar Association, and he actively participates in the family law section of both organizations. Steven believes it is essential that our company remains involved in as many aspects of family law as possible.

Family Law Associates: Alicia M. Galvany, Ashley M. Larios and Diana Wheeler

The Law Office of Steven C. Benke wouldn’t be complete without the addition of Alicia M. Galvany, Ashley M. Larios and Diana Wheeler. Alicia came to our office in 2011 after serving in the United States Army for a number of years. She has worked with victims of domestic violence and has practiced law in Texas since 2008. She is well educated, well experienced, and is an asset to our company.

Ashley M. Larios joined our company in 2013 and has degrees from multiple prestigious universities. She spent time working for the Texas Attorney General in the Child Support Division and brings the knowledge that she gained from there to our company. Her experience has made her a vital part of our family law team.

Diana L. Wheeler joined our Family Law practice in 2014. She obtained her law degree from the University of Oklahoma College of Law in 2011. Ms. Wheeler also brings to the firm her prior experience with Child Protective Services and Court Appointed Special Advocates, both of which involved complex custody issues.

Impressive Credentials

What sets us apart and makes us experts in family law at The Law Office of Steven C. Benke? For starters, our office is an esteemed member of the Better Business Bureau (BBB) and Steven C Benke is a Board Certified Attorney in the the field of Family Law.. Furthermore, we have been included on the list of KSAT legal experts. We feel these credentials are just part of what make us extremely knowledgeable in our field, however; it is also our dedicated and professional team of lawyers.

Contact the Law Office of Steven C. Benke at (210) 308-0004 for a free consultation if you are seeking expert help on family law matters.

San Antonio Bankruptcy Attorney

Bankruptcy Attorney David T Cain has provided Consumer Bankruptcy services to San Antonio for over 30 years. Mr. Cain has helped thousands of San Antonio consumers and small businesses through difficult times and is committed to helping individuals and families start over financially by eliminating their credit card debt and most other types of debt relief through the bankruptcy process.

Board Certified Consumer Bankruptcy Attorney

During the past 30 years, Bankruptcy Attorney David T Cain has counseled thousands of individuals and businesses concerning theirs rights under the bankruptcy laws. His specialized knowledge and experience in the area of Consumer Bankruptcy has enabled The Law Office of David T Cain to successfully assist people in the restructure, reduction and/or postponement of burdensome debt. David Cain is a Texas Board Certified Bankruptcy Lawyer.

Take Control of Your Financial Future!

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Debt Relief

If you are overwhelmed with debt due to a job loss, divorce, medical expenses or excessive credit card debt and having a difficult time making your mortgage payment or having to make decisions on paying utilities or buying food, bankruptcy may be the new beginning you need.

If you are weighed down by debt and afraid to answer the phone, now is the time to take control of your financial future. Call San Antonio Bankruptcy Attorney David T Cain for a free consultation.

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Family Law Attorneys

Family Law Attorneys practice law in the area that deals with all the legal issues arising from the family relationship between the husband and wife and children and even extended family members. Family Law Attorneys deal with all aspects of divorce.

Family Law Attorneys or Family Law Lawyers are often referred to as Divorce Lawyers. But Family Law encompasses such areas as; child custody, child support, annulments, property division, alimony, paternity, Father’s rights, adoption, protective orders, civilian and military divorce, spousal abuse, pre-nuptial agreements and often times are involved with estate planning, wills, probate and other legal issues that can face a family.

Divorce Lawyers

A Divorce Lawyer handles the legal termination of a marriage by a court. Divorce proceedings require a petition or complaint for divorce by a spouse. The two types of divorce are fault and no-fault. A no-fault divorce occurs when neither spouse is required to prove fault of the other party, but only testify that their marriage has reach the point of irreconcilable differences between the parties. The fault divorce is a judicial termination of a marriage based on one spouse or both having marital misconduct. The marital misconduct or statutory cause will require proof in a court of law.

Texas Board Certified Family Law Attorney

Only around 10% of attorneys in the State of Texas have been certified by the Texas Board of Legal Specialization and even fewer have been certified in Family Law. The State of Texas recognizes and certifies Family Law Attorneys. A Family Law Attorney that has been Board Certified by the State of Texas can display the Board Certification Badge on their website or any other form of advertising. The process of becoming a Board Certified Family Law Attorney requires a great deal of expertise in the area of Family Law. The Board Certified distinction allows the public to know that a lawyer has met the difficult requirements of being certified by the State of Texas as a Board Certified Family Law Attorney.

Family Law –A Brief Glimpse into History

Lawyers across the world practice and specialize in areas of family law. This branch of law covers many legal issues including marriage, divorce, child custody, adoption, and establishing parentage. As the dynamic of a family changes, family law evolves to govern those who seek fairness. San Antonio Divorce Attorney Steve C. Benke practices the law as we know it today, but is cognizant of how and from where our laws evolved.

Sources of Family Law

Different cultures have unique ways of governing a family in times of dispute. In the United States, there are five sources that paved the way for how family law is practiced today. Our laws stem from the following sources:

A state’s constitutional and statutory law
The United States Constitution
Federal Law
Tax Law
Welfare Law
Regulation and zoning laws
Social Influences

Family law represents our values as a society. In instances of divorce or separation, protecting the rights of each individual is important. When children are added to the equation, their rights are placed first because they are the unintended victims. Therefore, family law as it relates to child custody aims to identify the parent or legal guardian that represents the best interest of the children.

For most of our history, the nuclear family was one with two-heterosexual parents. As our ideas of marriage and family evolve, family law has been amended to recognize the rise of civil unions, domestic partnerships, and same-sex marriages.

Common Law of England

For centuries, the legitimacy of a child was important for inheritance and succession. The best way to ensure a child was legitimate was through marriage, where pregnancies would occur after a couple was legally united. Similarly, legal adoptions were created by consent as a result of the Roman law of inheritance.

Common law used to leave decision making regarding family matters to the father, often done in silence. Legal influence from the outside would only intervene in instances of serious child abuse. Modern law intervenes more readily into family matters to protect the welfare of children; intervening even in instances of no abuse. Due to these factors, family law concerning child custody is more complex and judgments about choosing a custodial parent is becoming increasingly difficult.

Marriage and Divorce

Marriage has evolved significantly, as many women are now economically dependent. Most marriages in America are voluntary and not a mechanism for the transfer of property or economic exchange. Modern laws involving property reflect the wishes and desires of married or divorcing couples rather than particular cultural or religious customs. The idea of protecting individual property and assets gave rise to the practice of prenuptial agreements beginning in the late 20th century.

Laws evolve and change over time. Family law has transitioned through the centuries from a focus on inheritance and succession, to laws that protect children from abuse and recognizing women as economically dependent from their spouses. If you have questions regarding issues of child custody, determining paternity, or property rights in divorce, contact a Board Certified Family Law Attorney today.

Personal Injury Attorneys

A Personal Injury Attorney or a Personal Injury Lawyer provides legal assistance to anyone that has sustained a personal injury due to the negligence of another party. A Personal Injury is a legal term that defines and injury to the mind, body or emotion. A Personal Injury Attorney also handles many other types of tort negligence. Personal Injury Lawyers handle cases involving car accidents, wrongful death, property damage, workplace injury, oil field injury, or many other types of Personal Injury.

personal injury attorneys San Antonio

What is a Board Certified Texas Personal Injury Lawyer?

The State of Texas recognizes and certifies a Texas Personal Injury Lawyer. Attorneys or Lawyers that have received the certification in Personal Injury will generally display their Board Certified Badge on their website and will display their area of certification. In the case of Personal Injury, the attorneys that have been certified as a Personal Injury Lawyer will have the category of specialization just below the badge and will list the Personal Injury Lawyer as “Personal Injury Trial Law.” The process of becoming a Board Certified Texas Personal Injury Lawyer requires a great deal of expertise in the area of Texas Personal Injury Law. Although any lawyer licensed to practice law in the State of Texas can call themselves a Texas Personal Injury Lawyer or Texas Personal Injury Attorney, only Board Certified Texas Personal Injury Attorneys can are allowed to display the Board Certified badge and refer to themselves as Board Certified Texas Personal Injury Lawyers. This distinction allows the public to know that a lawyer has met the difficult requirements of the State of Texas to be certified as a Texas Personal Injury Lawyer. These limited number of lawyers are able to call themselves Board Certified Legal Experts.