Eliminating Tennessee's Parental Bill of Wrongs in Favor of a Children's Bill of Rights

Authors

April Carroll Meldrum, Lincoln Memorial University-Duncan School of Law
Bruce L. Beverly, Lincoln Memorial University-Duncan School of Law

Abstract

In Eliminating Tennessee’s Parental Bill of Wrongs in Favor of a Children’s Bill of Rights, April Carroll Meldrum and Bruce L. Beverly critically examine Tennessee’s Parental Bill of Rights (PBOR), codified at Tenn. Code Ann. § 36-6-101(a)(3), and argue that it has become outdated, counterproductive, and misaligned with modern family law policy. The authors trace the legislative history of the PBOR from its 1997 enactment through subsequent amendments, demonstrating how a statute originally intended to ensure access and informational parity for noncustodial parents has evolved into a rigid and litigation-fueling mechanism. They contend that the PBOR conflicts with Tennessee’s later reforms emphasizing shared parenting, maximum parental participation, and child-centered decision-making. Through analysis of statutory developments, case law, and broader shifts in family structure and communication practices, the Article asserts that the PBOR impedes cooperative co-parenting and inadequately reflects the best interests of children. In response, the authors propose replacing the PBOR with a Children’s Bill of Rights (CBOR), reframing custodial obligations from parental entitlements to enforceable child-centered protections applicable to all custodial orders. The proposed CBOR aims to modernize Tennessee custody law by prioritizing children’s rights to meaningful, unimpeded relationships with both parents.

Recommended Citation

Meldrum, April Carroll and Beverly, Bruce L. (2024) "Eliminating Tennessee's Parental Bill of Wrongs in Favor of a Children's Bill of Rights," Belmont Law Review: Vol. 12: Iss. 1, Article 3.
Available at: https://repository.belmont.edu/lawreview/vol12/iss1/3