Raising Children's Rights (In Custody Proceedings)
Children's capacity to engage in custody matters is expanding. We're not quite there yet, but this article looks at this expanding role of children in their own matter and asks "How far away are we from the day when a child might have the right to employ counsel and initiate a custody proceeding?"
March 10, 2023 at 10:30 AM
9 minute read
Thinking about it, it seems that men always had rights. Might makes right, right? Ages ago some men took power and, having power, gave themselves rights. From the beginning of recorded time, rights were bestowed by powerful men upon other men—usually those who had some power themselves. With the rise of governments, men without obvious power were given more and more rights. When the United States was being established in the 18th century, it was declared (if not believed) that all men were created equal and had "inalienable" rights. What of the rights of women? They were not recognized in western society until the early twentieth century. Women did not even obtain the right to vote until 1920.
What of the rights of children? Children were historically believed to be the "property" of their parents. During the early days of our country, children worked on farms and in factories until the passage of the Child Labor Laws in 1938, which were enacted to protect children from employment abuse, as well as to protect their health, safety, welfare, and educational opportunities. But children under the age of 18 cannot vote. They cannot consent to contracts, obtain driver's licenses or serve in the armed services. They require the consent of their parents to marry. Children under the age of 14 cannot be employed and children under the age of 16 may only work a limited number of hours, which varies state-to-state.
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