Who gains custody of a child when a parent dies? In the state of Georgia, under normal circumstances, the surviving biological parents are given custody of children. Non-custodial parents may be denied custody due to their location, or if the child is of age and prefers to be placed in someone else’s care. Ultimately, the non-custodial parent is the preferred option. before awarding custody to family members or other third parties. Give TSLF a call today to discuss!