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Home / Family Law Frontline: Children’s Rights in Custody Battles

Who is Fedor Kozlov and what inspired him to practice family law?

Fedor Kozlov is the founding partner and chief litigator at The Law Offices of Kozlov & Prokopenko. He began his legal career working with victims of domestic violence, where he saw firsthand the struggles of parents and children in crisis. These experiences inspired him to dedicate his career to family law, focusing on custody disputes, property division, and the protection of children’s rights.


Why does family law evolve differently than criminal law?

Kozlov explains that family law adapts more quickly than criminal law because it addresses shifting societal values, evolving family dynamics, and new legal challenges such as reproductive rights and same-sex parenting. Unlike criminal law, which is grounded in centuries of precedent, family law often develops case by case through appellate decisions and legislative updates.

What makes custody disputes especially challenging in family law?

Custody battles are emotionally charged because they involve parents’ relationships with their children. Kozlov highlights that attorneys must balance strong advocacy with compassion, as parents often feel their entire future with their child is at stake. Unlike financial disputes, custody cases require navigating not only legal standards but also deeply personal issues of parenting and family identity.

Do children have legal rights in custody battles?

Children do not have independent legal rights in custody cases in the same way adults do. Instead, courts apply the “best interest of the child” standard. Kozlov emphasizes that this standard is not fixed and often depends on the unique facts of each case. While children’s voices may be considered, they are not determinative, especially when the child is young.

How do therapists play a role in custody disputes?

Therapists are often involved in custody cases to help children process conflict, trauma, or transitions between households. Kozlov notes that therapy can also play a role in reunification efforts, where a child has been alienated from one parent. Therapists provide valuable input to courts and guardians ad litem (GALs), but their role is supportive rather than determinative.

Are a child’s wishes the same as legal rights in custody cases?

No. Kozlov clarifies that while courts may take into account a child’s stated preference, particularly as the child grows older, those preferences are not legally binding rights. Judges balance the child’s wishes with factors such as safety, stability, and parental fitness. A child’s preference becomes more influential during the teenage years but is never the sole deciding factor.

What is the role of a guardian ad litem (GAL) in custody disputes?

A guardian ad litem (GAL) is an attorney appointed to represent the best interests of the child. According to Kozlov, GALs investigate family circumstances, interview parents and children, and present recommendations to the court. While they do not advocate for what the child wants specifically, they provide a neutral assessment aimed at protecting the child’s welfare.

Why should parents avoid leaving custody decisions to judges?

Kozlov strongly advises parents to resolve custody disputes outside of court whenever possible. When a judge decides custody, the outcome may not align with either parent’s preferences and could feel imposed. Negotiated agreements allow parents to retain control, reduce emotional harm, and create arrangements tailored to their children’s unique needs. Litigation should be a last resort, reserved for high-conflict or unsafe situations.

What is Fedor Kozlov’s key advice for parents navigating custody battles?

Kozlov’s advice is to always prioritize the child’s well-being over personal conflict. He encourages parents to seek resolution through cooperation, mediation, or settlement to protect children from unnecessary stress. When disputes escalate, parents should rely on experienced family law attorneys to guide them through the legal system and safeguard their rights without losing sight of the child’s best interests.