Legal Question in Family Law in Oregon

Re: Making out a Living Will

In your will you may name your husband as the guardian of your children, but that is not necessarily controling. The law gives a preference to biological over unrelated third parties (read step parent). The have been some in-roads to this doctrine, but if the bio parent maintains a relationship with the children and is otherwise appropriate he will probably prevail in a contest between himself and the step parent. The only sure bet is to have the step parent adopt the child/children. There are many other factors, but the bottom line for you right now is that a will does not control the Court's determination of custodial rights of a parent.