242
Part IV
Advanced Applications of Theory to Family Law Practice
with regard to a child’s contribution to his or her own custodial status.
Aware of the burdens associated with decision-making authority, the
threshold must be set very high. The developmentally informed family
law professional relies on interviews, history, and third-party report in
search of specific cognitive, social and emotional criteria that, when
consistently evident in a child’s choices, may be sufficient for determina-
tion of maturity.
Are these criteria too demanding? It’s natural to wonder, in fact, if
you and I
meet these criteria. I posit that the threshold beyond which
a child’s voice should be heard in family litigation should be quite high;
that the child who is heard should be the exception, not the rule.
Whether you and I pass muster is moot, given that we have attained
the prerequisite 6,570-day mark under the law. However, the larger
question about the family law professional’s motivation, well-being and
maturity is considered further in chapter 17.
NOTES
1.
The age of majority differs to some extent across states and countries and
sometimes by gender. Among U.S. territories, the age of majority is 14
in American Samoa, 19 in Nebraska and Alabama, and 21 in Mississippi,
New York, and the District of Columbia. In Pakistan, males attain majority
at 18 but females at 16. In El Salvador, males become adults at age 25,
but females at 17. In a unique gender reversal, on the Isle of Man, males
attain majority at age 14 and females at 18 (perhaps accounting for the
British territory’s name).
2. For example, felons may have compromised voting rights variously by
state.
See
http://projectvote.org/fileadmin/ProjectVote/pdfs/felon_
voting_la ws_by_state_Sept_11_2008.pdf accessed 02.27.2009.
3. As advertised at the author’s website http://howadultareyou.com/ (re-
treived February 27, 2009).
4. In
Cardwell v. Bechtol
724 S.W. 2d 730 (Tennessee 1987) the court denied
parents’ malpractice claims for battery upon their child, allowing that the
minor child’s consent was sufficient.
5.
In re: E.G.
, Ill 2d 98, 549 N.E. 2d, 322 (1989).
6. Tennessee Supreme Court,
John Doe et al. v. Mama Taori’s Premium Pizza,
LLC, et al.
(2001, No. M1998-00992-COA-R9-CV).
7. The remainder of the Tennessee Court’s decision is instructive, if unwieldy
on the printed page: “[T]he General Assembly has enacted many statutes
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