Ken Lawson LawKen Lawson Law2026-05-04T13:59:08Zhttps://www.kenlawsonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104060/2018/11/cropped-Site-icon-32x32.pngOn Behalf of Ken Lawson Law<![CDATA[Can your Hamilton County digital footprint sink your custody case?]]>https://www.kenlawsonlaw.com/?p=512322026-05-04T13:59:08Z2026-05-04T13:59:08ZIf you have a Hamilton County custody case pending – or you expect to file one soon – it is important to understand that your digital footprint can become a central piece of evidence for the court to consider. What you post publicly can be damning, but even seemingly private data can impact your custody case for the better or worse.
Courts in the Chattanooga area regularly see evidence pulled from location data, payment apps and message histories that paint a detailed picture of a parent’s daily life and decision-making. If your ex has concerns about your substance use, for example, they could subpoena data related to your digital footprint to substantiate their claims. Or vice versa. When it comes to one’s digital footprint, knowledge – and intentioned restraint – is power.
What the court can tell from your data, and why its perceptions matter
Location-based data should be a concern if you and your ex have a contentious relationship. Check-ins, tagged photos and even passive location tracking from apps can show where you were and when. A pattern of late-night activity, frequent bar visits or inconsistent presence during scheduled parenting time can be used to question judgment and reliability. Even if you never “posted” about it, your phone and apps may have created a record that can be retrieved through legal discovery.Payment apps like Venmo can also tell a story. Transactions often include notes, timestamps and location clues. Payments tied to nightlife, travel or questionable expenses may be introduced to suggest priorities that conflict with parenting responsibilities. In some cases, opposing counsel could use these records to build a negative narrative about lifestyle, spending habits or unfavorable associations.“Deleted” messages are also often recovered in the service of resolving a custody concern. Text messages, emails and social media communications may still exist on backups, servers or the devices of other parties. Subpoenas and forensic analysis can uncover conversations that were assumed to be gone. These messages can include arguments, threats or statements that reflect poorly on a parent’s ability to co-parent or maintain a stable environment for a child.Chattanooga courts, like others, focus on the best interests of the child. Digital evidence is often used to assess credibility, consistency and decision-making. A parent who presents one image in court but whose digital records suggest something different may face credibility challenges that can affect custody outcomes.]]>On Behalf of Ken Lawson Law<![CDATA[What if you fall in love again before your divorce is finalized?]]>https://www.kenlawsonlaw.com/?p=511302026-04-20T19:24:47Z2025-08-19T12:42:46ZGoing through a divorce is an emotional time that can have significant impacts on your future. It’s critical that you make decisions that will put you on the best footing possible as you start your new life.
As you venture out into the world and start to enjoy the social scene, you may make new friends. There’s a chance that you may start to fall in love again, but this can be a challenging situation if the divorce isn’t finalized. When you first start dating, you may experience a range of emotions, including apprehension and excitement. It may be difficult to deal with how you feel, swinging between the happy thoughts and the negative ones. Understanding how to deal with a new relationship while still giving your divorce the attention it needs may help you through this.
How can you cope with the emotions?
It’s best to remember that you are going through a major life change and feeling the emotions is normal, even if you don’t fall in love again during this time. Taking everything slowly may be beneficial because it gives you a chance to adjust to the changes that are happening in your life. You’ll also need a good support system during this time, but don’t rely solely on the person you’re starting a new relationship with. Instead, find family members and friends you can contact when you need someone to talk to. You need people who can be there for you to have realistic conversations so you can make decisions that are in your best interests.
Can you get engaged before the divorce is final?
It’s possible that some relationships may evolve into more serious ones. Typically, entering into an engagement before the divorce is finalized is possible. This doesn’t require any legal documentation, which is why it’s possible. It’s critical to realize that the marriage can’t occur prior to the finalization of the divorce. Bigamy, which means being married to more than one person at once, is a criminal offense in Tennessee.You must give your divorce the attention it deserves because each decision you make now can impact your future. It may be beneficial for you to work with someone familiar with these matters so they can help you evaluate your options, so you can make the decisions that you feel are in your best interests. ]]>On Behalf of Ken Lawson Law<![CDATA[Can your divorce be friendly?]]>https://www.kenlawsonlaw.com/?p=504522026-04-20T19:25:17Z2024-09-07T01:47:07Zmake divorce more friendly? In short, the answer is yes, but it will very much depend on your circumstances and the outlook of each spouse.
Your mindset when entering the process
The mindset of each spouse as they enter the divorce process will largely dictate how friendly or unfriendly it is. For example, if one spouse is adamant that the other is 100% to blame for the breakdown of the relationship, then the divorce is unlikely to be friendly. What can help is if both spouses are willing to view the marriage as an endeavor that just happened not to work out for many reasons.
Cooperation and compromise
Too often, divorce is thought of as a battle that has winners and losers. This type of approach is never going to be friendly. What is often more productive, and efficient, is if both spouses prioritize their divorce goals and objectives. Are there things that are non-negotiable, such as child custody? Are there other factors where there may be a bit more leeway, such as who gets certain items of property?
The reality is that nobody gets everything they want in a divorce. The more willing both spouses are to communicate and compromise, the friendlier the divorce will be.
Divorcing spouses don’t have to hate one another. Collaborative legal approaches such as mediation have been shown to be very effective. Seek legal guidance to find out more ways you might be able to make your divorce a little friendlier.]]>On Behalf of Ken Lawson Law<![CDATA[4 reasons divorce mediation may fail]]>https://www.kenlawsonlaw.com/?p=504482026-04-20T19:25:37Z2024-08-26T18:37:44ZWhen a divorcing couple opts for mediation, they are choosing a collaborative approach to resolving their differences outside of the courtroom. This comes with numerous benefits, such as lower costs, a more controlled environment and the opportunity to reach mutually satisfactory solutions.
However, divorce mediation is not always successful. Some of the reasons it may fail include the following.
1. Unrealistic expectations
When the mediation process is approached with unrealistic expectations, parties may struggle to find common ground. If individuals believe they can achieve outcomes that are unlikely or overly idealistic, it can lead to frustration and impede the negotiation process.
2. Imbalance of power
If one party feels that they are bargaining from a position of weakness or that the other party holds disproportionate influence, it can create an imbalance that hampers effective negotiation. This power disparity can lead to one side feeling pressured or coerced into accepting terms that are not fair or satisfactory, ultimately undermining the mediation process.
3. Emotional vulnerability
Marriages are founded on emotion, and if the decision to divorce is not mutual, the rejected party may experience significant emotional vulnerability. This emotional strain can hinder them from engaging constructively in mediation, as they might be overwhelmed by feelings of hurt, anger or a desire for vengeance. Such emotions can cloud judgment and hinder the ability to negotiate effectively or reach a fair resolution.
4. Communication breakdown
Divorcing parties may be hesitant to share information openly or may struggle to communicate their needs and concerns effectively. This reluctance can stem from mistrust, ongoing conflicts or a lack of clarity about their own priorities. When communication breaks down, it becomes challenging to address issues comprehensively or find mutually acceptable solutions, which can derail the mediation process.While divorce mediation is a valuable tool for many couples seeking an amicable resolution, it is not a guaranteed solution for every situation. Complex emotional and practical issues may still arise, and in some cases, it might be necessary to seek legal guidance to understand all aspects of the process and better ensure that one's rights and interests are fully protected.]]>On Behalf of Ken Lawson Law<![CDATA[Seeking more parenting time after an improvement in circumstances]]>https://www.kenlawsonlaw.com/?p=504462025-04-24T14:00:53Z2024-08-26T18:15:21ZWhat does a modification entail?
A custody modification is a formal change to the existing custody order. Parents can pursue a modification through mutual consent. One parent might agree to increase the parenting time that the other enjoys once they get a better job, find a stable living situation or undergo therapy.
Other times, the parent with more parenting time is loathe to give up any of their parenting time. In that scenario, a contested modification may be necessary. A parent can ask the courts to review and update the custody order based on the improvement in their circumstances.
They generally need evidence that helps support their claim that they have addressed the issues that led to a judge limiting their parenting time. A lease showing that they now have a stable living arrangement with space for their children could help. So could bank records that show regular paychecks. Statements from therapists and other professionals could help prove that someone has addressed their anger issues or substance abuse struggles.
Any substantial change in circumstances that indicates a parent can be more present for their children may convince a judge to increase their allocation of parenting time. Judges want to do what is best for the children, and encouraging two healthy parental relationships is usually the best outcome for children with divorced or separated parents.
Even when a co-parent is not cooperative, it is sometimes possible to modify a child custody arrangement when a child’s parent has improved their circumstances. Addressing any specific concerns that a judge has cited as grounds for limited parenting time or limited physical custody can help a parent qualify for a modification that increases their time with their children.]]>On Behalf of Ken Lawson Law<![CDATA[Using technology to maintain the parent-child bond]]>https://www.kenlawsonlaw.com/?p=504442026-04-20T19:25:58Z2024-08-06T11:15:20ZJust like everything in life, technological advancements have pros and cons. One of their greatest advantages is that they allow us to stay connected to the people we love the most.
After a divorce, it can be challenging to maintain the special bond you have with your children. Using technology can help.
Keeping the lines of communication open
One of the most effectiveways to stay connected is through real-time communication. Video calling apps like Skype, Zoom and FaceTime allow face-to-face interaction, which can be crucial in maintaining emotional bonds. These platforms allow parents to participate in their children’s daily lives, such as helping with homework or just talking about their day.Social media platforms like Facebook, Instagram and TikTok, as well as messaging apps like WhatsApp and Messenger, allow for continuous communication. Sharing photos, videos and messages can keep parents updated on their child’s activities and foster a sense of involvement and connection.Educational apps and video platforms like YouTube Kids can be used collaboratively during video calls. Parents can read stories, play games or watch educational videos with their children, making their virtual interaction more meaningful.In addition to staying connected with their children, technology also offers ways for co-parents to communicate. These platforms are specifically designed to facilitate coordination between divorced parents. They can help manage schedules, share important information and reduce misunderstandings and conflicts.Digital calendars and document sharing can also help parents to organize their children’s schedules and important documents. This can help ensure both parents are always informed about school events, appointments and extracurricular activities.Children do better academically and emotionally when both parents play an active role in their lives. While technology can’t replace the in-person experience, it can be a powerful tool in maintaining the parent-child bond after a divorce.
]]>On Behalf of Ken Lawson Law<![CDATA[The benefits of divorce mediation ]]>https://www.kenlawsonlaw.com/?p=504422026-04-20T19:26:14Z2024-07-30T03:01:22ZWhile marriage is still considered a lifelong commitment, views on divorce have largely softened over the years. The detriments of remaining in a toxic or unhappy relationship have been well publicized.
Views on divorce have also changed. It is largely no longer seen as a battle, but a negotiation that spouses need to get through to move on with their lives. Mediation is one option that spouses have. This is a less formal process than litigation and it has several benefits. Here are a few things to consider.
More control
During a litigated divorce, both spouses are usually at the mercy of the courts in terms of dates. The family courts tend to have backlogs, which means divorces can drag on for several months and even longer. Neither spouse can generally miss a court date without a good explanation.Mediation, on the other hand, is much more flexible. Spouses can generally go at a pace that suits them and they can work mediation sessions around their work schedule etc.
It can be less stressful
The whole point of mediation is to keep conflict to a minimum. The idea is to open up conversations between spouses. The mediator will help facilitate discussions, but will not come to rulings like a judge or arbitrator would. Both spouses and their respective legal teams will negotiate equitable agreements, which the mediator and court can then approve. This process is generally much more stressful than presenting evidence in court and waiting for verdicts.
It’s more private
Divorce proceedings in court typically become a matter of public record. This isn’t how mediation works. The only people with access to sensitive information will be each spouse, the mediator and the legal teams. This restricts the possibility of prying eyes gaining access to sensitive material. If divorce is inevitable, then it’s important to explore all of your options. Seeking legal guidance will give you a better idea of what might work for you. ]]>On Behalf of Ken Lawson Law<![CDATA[Do you know your parental rights under Tennessee law?]]>https://www.kenlawsonlaw.com/?p=504392024-07-09T15:51:03Z2024-07-09T15:51:03ZLike a lot of states, Tennessee has moved toward recognizing the importance in most cases of parents sharing time with and decision-making responsibilities for their children after divorce. The law also recognizes that one person isn’t entitled to greater parenting responsibilities because of their gender.
Tennessee law also lists a number of specific rights that parents have to help them maintain contact with their child and involvement in their life. Certainly, these rights assume that both parents have the relevant custody, visitation and other rights to their child. Let’s look at just a few.
Telephone contact
The law gives parents the right to have “unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations” when the other parent has the child. Of course, these days, these are more likely to be FaceTime or other video calls.
Notification of injury, illness or hospitalization
The law requires the parent who has the child to notify the other parent “as soon as practicable but within twenty-four (24) hours” if the child suffers a serious injury or illness, is hospitalized or passes away. They’re also required to give their child’s medical providers with the other parent’s contact information. If parents share medical decision-making authority, of course, their child’s doctors should have contact information for both parents. The law also states that unless the custody order states otherwise, both parents have the right to their child’s “medical, health or other treatment records directly from the treating physician or healthcare provider.”
Educational records and other school information
Parents have the right to “receive directly from the child's school any educational records customarily made available to parents.” These include things like report cards, standardized test scores, class schedules, attendance records and teachers’ names.Parents also have the right to “access and participation in the child's education on the same basis that are provided to all parents,” – for example during school activities where parents may be in the audience or otherwise in attendance.These are just some of the rights delineated in the law. It’s wise to become more familiar with the law to know your rights. It can help to include them in your parenting plan. Having experienced legal guidance can help you better protect your rights.
]]>On Behalf of Ken Lawson Law<![CDATA[3 school-related issues that can lead to custody conflicts]]>https://www.kenlawsonlaw.com/?p=504372024-07-01T11:17:12Z2024-07-01T11:17:12ZWhat school the children should attend
There are many different options for educating children. Public schools are the simplest solution in many communities, but they are far from the only option. There are private and charter schools that children can attend. There are also digital schools that offer remote learning and homeschooling programs. Parents may disagree about the right approach to their children's education. Beyond that, even the district where the children attend school can be a source of conflict, as where the children spend more of their time can influence the school district where they can enroll.
Rules for extracurricular activities
Maybe one parent feels strongly about it prioritizing extracurricular activities with an academic focus, like robotics clubs, rather than team sports. Perhaps one parent wants the children to maintain certain grades or comply with household rules regularly before they can participate in extracurricular activities. Parents may find themselves disagreeing about what activities their children enjoy and how to adjust schedules and budgets to accommodate the activities.
Academic expectations
Many households may limit children's privileges based on how well or how poorly they do at school. Parents may have different ideas about what types of grades their children should maintain and what consequences they may need to enforce if their children don't reach those standards.
Given that parents generally need to agree on major decisions for their children, it may be necessary to establish certain ground rules when negotiating a parenting plan as part of a shared custody arrangement. Parents who take the time to talk about potential sources of conflict ahead of time can set themselves up for an effective co-parenting relationship.]]>On Behalf of Ken Lawson Law<![CDATA[What is “Voluntary Acknowledgement of Paternity” in Tennessee?]]>https://www.kenlawsonlaw.com/?p=504342024-06-23T19:24:59Z2024-06-23T19:24:58ZHaving a child is a life-changing event, and for unmarried fathers, it comes with concerns about legal rights and responsibilities. Navigating your new territory can be overwhelming, but resources exist to help you take an active role in your child's life.
One valuable tool for unmarried fathers in Tennessee is the Voluntary Acknowledgement of Paternity (VAoP). It is a process that allows you to establish your legal fatherhood, cementing your rights as a dad.
Voluntary Acknowledgement of Paternity explained
A VAoP is a simple form that you and your child's mother sign stating you are the father. By signing the form, you may assume legal responsibility for your child, including their financial support.However, it also grants you several critical rights, including:
Having your name listed on the birth certificate
Having a say in major decisions for your child
Having fair access to your child (visitation and custody)
The VAoP process is also beneficial for the child. With a legally established father, the child becomes entitled to:
Health insurance benefits from the father
Social Security benefits in case of your death or disability
Inheritance rights
The VAoP form can be completed at the hospital when the child is born or later at your local health department or child support office. But before signing a VAoP, ensure you are the biological father. If there is any doubt, DNA testing can offer proof.
Learn more
Completing a VAoP right after the baby is born is a simple way to protect your parental rights. In more complex situations or if the mother resists, legal guidance can strengthen protections for dads wanting to secure a permanent place in their child's life.]]>