In In the Matter of M.R., 135 N.J. 155, 159, 638 A.2d 1274 (1994), the New Jersey Supreme Court addressed the issue of whether a developmentally disabled woman, who is generally incompetent, bears the burden of proof to show she had the capacity to choose with which of her divorced parent she would live. The Supreme Court held that M.R.'s mother, the challenger, bore the burden to show that M.R. lacked the capacity to make her own choice. Id. at 169, 638 A.2d 1274. The Court reasoned that the right of self-determination is a fundamental right, id. at 166, 638 A.2d 1274, and as such, the burden of proof must fall upon the challenger of that right, id. at 169, 638 A.2d 1274.