Quick answer: In Georgia, a parent who plans to move must give the other parent at least 30 days’ written notice with the new address (O.C.G.A. § 19-9-3(f)). Either parent can then ask the court to modify custody, and the judge decides based on the child’s best interests with no presumption for or against the moving parent (Bodne v. Bodne, 277 Ga. 445 (2003)). For Fort Benning families, a deployment cannot be the only reason to change custody, and Georgia’s deployment rules protect the military parent’s time. Scot Sikes handles relocation and PCS custody cases in Columbus.
Columbus is a military town, and military families move. A PCS order, a civilian job offer in another state, or a remarriage can turn a workable custody schedule into a dispute within weeks. Georgia does not have a detailed relocation statute like some states, so most of the rules come from the custody statute, O.C.G.A. § 19-9-3, and from case law.
The 30-Day Notice Rule
Unless your order says otherwise, a parent who changes residence must give the other parent written notice at least 30 days before the move, including the full new address (O.C.G.A. § 19-9-3(f)). A custodial parent must also notify anyone else with court-ordered visitation, such as a grandparent. Many Columbus parenting plans add their own requirements, such as 60 days’ notice or a distance trigger, so read yours first.
How Georgia Judges Decide Move-Away Cases
Notice does not equal permission. Once a parent gives notice, the other parent can file to modify custody or the parenting plan. The Supreme Court of Georgia held in Bodne v. Bodne that there is no presumption in favor of the relocating parent; the judge weighs the child’s best interests in light of the move. Judges commonly look at:
- The reason for the move and whether it improves the child’s life (school, family support, a parent’s income)
- The child’s relationship with each parent and how much time each has actually exercised
- Whether a long-distance schedule can preserve the other parent’s relationship
- The child’s ties to school, activities and extended family in Columbus
- A child’s preference: at 14 a child may choose which parent to live with, subject to the judge’s best-interests review; at 11 to 13 the judge considers the child’s wishes (O.C.G.A. § 19-9-3(a)(5)-(6))
Even a short move across the river to Phenix City is a change of residence that triggers the notice rule. The Georgia court that issued the custody order generally keeps jurisdiction while one parent still lives in Georgia.
PCS Orders and Military Parents
A PCS move is usually not optional for the soldier, and judges understand that. But the order does not decide custody by itself. When the military parent has primary custody and receives PCS orders, the question becomes whether the child moves too or stays with the other parent. When the nonmilitary parent wants to follow the soldier’s new duty station, or move away from it, the same best-interests analysis applies.
Georgia and federal law add protections for service members:
- Deployment is not the only reason to change custody. Under Georgia law and the SCRA, a parent’s past or possible future deployment cannot be the sole basis for finding a change in circumstances (O.C.G.A. § 19-9-3; 50 U.S.C. § 3938).
- Temporary orders during deployment. When a custodial military parent receives deployment orders, the court must enter a temporary order on request, may delegate the deploying parent’s time to a family member or other close adult, and must include a schedule for returning to the original plan.
- No permanent change until after return. A final modification hearing cannot take place until at least 90 days after the deploying parent returns, and the pre-deployment plan is presumed to be in the child’s best interests.
- Notice duties. The military parent must give written notice within 14 days of receiving deployment orders, and the other parent must report changes in address, phone and email.
- Remote testimony. A deployed parent can testify by phone, video or sworn affidavit with reasonable notice.
Every Georgia parenting plan involving a military parent must address deployment: how the child moves to the other parent, how contact continues, and whether time can be delegated to extended family (O.C.G.A. § 19-9-1).
Building a Long-Distance Parenting Plan
- A school-year and summer split, with holidays alternating or divided
- Who pays travel, which airport is used, and whether the child flies as an unaccompanied minor
- Scheduled video calls and how much notice changes require
- Extra time when the soldier is on leave between assignments
- A child support calculation that reflects the new parenting time; see the 2026 Parenting Time Adjustment
If the Other Parent Moved Without Notice
Act quickly. A move that violates your order or the notice statute can support a contempt motion and a request for an emergency hearing, and it is a factor the judge weighs. Waiting months while the child settles into a new school weakens your position. See contempt and enforcement.
Talk With Scot Sikes
Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904, about 15 minutes from Fort Benning’s main gate.
Frequently Asked Questions
How much notice do I have to give before moving with my child in Georgia?
At least 30 days’ written notice to the other parent, including your full new address, unless your court order says otherwise (O.C.G.A. § 19-9-3(f)). Check your parenting plan, which may require more.
Can I move out of Georgia with my child if I have primary custody?
You must give notice, and the other parent can ask the court to change custody. The judge decides based on the child’s best interests, with no presumption for or against the moving parent (Bodne v. Bodne).
Can my ex get custody because I’m deploying?
Not on that basis alone. Georgia law and the SCRA bar a court from treating a deployment, or the possibility of one, as the sole reason for a permanent custody change. A temporary order covers the deployment, and the prior plan is presumed to resume afterward.
Does a PCS order mean my child moves with me?
No. A PCS order is a strong, legitimate reason for a move, but the court still decides where the child lives based on best interests. A plan worked out before the move is usually far better than an emergency hearing.
Can my 14-year-old decide to move with me?
A child 14 or older may choose which parent to live with, and the choice is presumptive unless the judge finds it is not in the child’s best interests. A child’s election can be the basis for a modification only once every two years (O.C.G.A. § 19-9-3(a)(5)).
Is moving to Phenix City a relocation?
Yes. Any change of residence triggers Georgia’s notice requirement. Scot Sikes is licensed in Georgia, not Alabama, but the Georgia court that entered the custody order generally keeps jurisdiction while a parent remains in Georgia.
More answers: see our Columbus, GA and Fort Benning family law FAQ.
About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.
Last updated November 2026. Sources: O.C.G.A. § 19-9-3 (custody, relocation notice, deployment rules); Bodne v. Bodne, 277 Ga. 445 (2003); 50 U.S.C. § 3938 (SCRA child custody protection); O.C.G.A. § 19-9-1 (parenting plans). This page is general information about Georgia law, not legal advice for your situation.