Legal Question in Wills and Trusts in Oregon

Re: unmarried mother wanting to make a will

Traditionally courts have favored biological parents over third parties in custody matters. Recently, at least in Oregon, there have been significant in roads to that doctrine. If something were to happen to you your parents would need to pettion the court to be appointed guardians of the child. The other parent "automatically" becoming the legal custodian of the child is true but not very meaningful since your parents would immediately petition the court for guardianship. While the petition is pending they could be granted temporary guardianship as soon as they file the petition. Given the limited relationship the father has with the child and evident concern over the child's safty in his care since his visit are supervised it is more likely the court would grant temporary guardianship to your parents and ultimately appoint them as guardians. You should do a will and name your parents as proposed guardians. This provides the court with evidence of the preference of the custodial parent but by itself does not make them the guardians. Only the court can do that. If you have life insurance or other significant assets and your child is the named beneficiary you should consider adding a testamentary trust to your will to manage the assets during the child's minority.