Few legal fights matter more than the one over your children. If you need a child custody lawyer in Columbus, GA, the Law Offices of Scot Sikes brings two decades of courtroom experience to custody disputes across Muscogee, Harris, Chattahoochee, and Marion counties — and a soldier’s understanding of what custody means for military families at Fort Benning.
Scot Sikes served more than 21 years in the U.S. Army, including a decade as a JAG officer, before founding this firm in 2006. He knows how Georgia judges think, how to build a custody case fact by fact, and how to keep the focus where the law puts it: on your child’s best interests.
How Georgia Courts Decide Child Custody
Georgia does not give either parent a head start. Mothers and fathers stand on equal footing, and the judge’s sole yardstick is the best interests of the child. To apply that standard, courts weigh factors such as:
- Each parent’s bond with the child and history as a caregiver
- The stability of each home, including work schedules and living arrangements
- Each parent’s physical and mental fitness, and any history of substance abuse or family violence
- Each parent’s willingness to foster the child’s relationship with the other parent
- The child’s age, needs, and school and community ties
Georgia gives children a voice, too. A child who is 14 or older may elect which parent to live with, and the court will generally honor that choice unless it is not in the child’s best interests. Judges may also consider the preferences of children ages 11 to 13, though with less weight.
Legal Custody vs. Physical Custody in Georgia
Every Georgia custody order answers two separate questions. Legal custody is decision-making authority — education, medical care, religion, and extracurricular activities. Most orders award joint legal custody but name one parent the tiebreaker for each category. Physical custody determines where the child lives day to day, from a primary-residence arrangement with parenting time for the other parent to a true joint schedule.
Parents who want an equal or near-equal schedule should understand what judges expect before granting one; our page on working toward joint custody explains how to position yourself. And because custody and money are decided together, it helps to review how Georgia calculates child support alongside your parenting schedule.
Custody for Military Parents at Fort Benning
Columbus custody cases often come with orders of a different kind — PCS orders. Deployments, TDY, field rotations, and permanent changes of station complicate every custody schedule, and a parenting plan that ignores them will fail the first time a unit ships out.
We build custody arrangements that anticipate military life: delegation of parenting time to step-parents or grandparents during deployment, make-up time on return, electronic visitation while overseas, and provisions coordinating with your family care plan. Georgia law also limits a court’s ability to permanently modify custody based solely on a deployment. If your case involves a service member on either side, start with our Fort Benning military divorce lawyer page — few civilian attorneys match Scot Sikes’ firsthand military experience here.
Parenting Plans, Modifications, and Evaluations
Georgia requires a detailed parenting plan in every custody case, covering the residential schedule, holidays, transportation, and decision-making. A vague plan invites conflict; a precise one prevents it. Learn what yours must include on our custody and parenting plans page.
Custody orders are never truly final. When circumstances materially change — a relocation, a remarriage, a problem in the other home — either parent may petition to modify. In contested cases the court may appoint a guardian ad litem or order a child custody evaluation, and how you handle that process can decide the case.
Unmarried Fathers Have Options
In Georgia, an unmarried father has no custody or visitation rights until he legitimates the child through the courts — even if his name is on the birth certificate. Legitimation establishes the legal parent-child relationship and opens the door to custody and parenting time. We handle legitimation, paternity, and custody actions for fathers throughout the Columbus and Phenix City area.
Frequently Asked Questions
Can my child choose which parent to live with in Georgia?
At age 14, a child may elect the parent he or she wants to live with, and the election is presumptive unless the judge finds it is not in the child’s best interests. For children 11 to 13, the judge has discretion to consider the child’s wishes as one factor among many.
What is the difference between joint and sole custody?
Sole custody gives one parent both legal and physical custody. Joint legal custody means both parents share major decisions, usually with one parent holding final say by category. Joint physical custody means the child spends substantial time — approaching equal — in each home. Most Georgia orders combine joint legal custody with a primary physical custodian.
Can a custody order be changed later?
Yes. A parent must show a material change in circumstances affecting the child since the last order, and that the proposed change serves the child’s best interests. Parenting-time schedules can be adjusted somewhat more easily than custody itself.
Does deployment cost a military parent custody?
Deployment alone should not. Georgia law restricts permanent custody modifications based only on a parent’s military deployment, and a well-drafted plan provides for parenting time during and after mobilization. Building those protections in from the start is far easier than litigating them later.
Protect Your Time With Your Children
Call the Law Offices of Scot Sikes at 706-494-6900 or request a consultation. Located at 5 Bradley Park Court, Suite 101, Columbus, GA 31904 — minutes from the Muscogee County courthouse and the gates of Fort Benning.
