Legal Question in Family Law in Oregon

Re: Which document do I use?

I am assuming that either you are your partner are not the biological parent of the child. The biological parent is the natural guardian of the child so upon the death or diability of the non-parent nothing needs to be done. However in order for the non-biological parent to become the guardian they will need to petition the court to be appointed the guardian. It is advisable for the biological parent to nominate their partner as the child's guardian in their will, but understand that this does not make that person the guardian. Only the court can do that. Also merely because you nominate someone to be the guardian does not mean the court has to appoint that person. The other biological parent, relative or some other person claiming a special interest in the child could object to the appoinment of the nominate guardian and request a different appointment. Another option is an adoption. The non-biological partner could adopt the child. To do this you would both file a petition with the court to adopt. That petition would have to be served on the other biological parent. That parent could object or consent to the adoption. Even if the other parent objects there are certain circumstances where the court would still grant the adoption. All of this also assume the the other biological parent if male has established paternity. If not there are other issue to talk about, but I hope this is a good start for you.