Legal Question in Family Law in Texas

The father gets the child after the mother dies. The exception(s) would be where the father is in prison, or is insane, or has a history of child abuse.

Based upon what you had provided, Your husband should ultimately get custody. You did not say, but I presume the underlying order is out of Oregon. Upon the death of the mother, your husband should hire an attorney in the area where the child lives and file the proper action for what in Texas would be called a modification, seeking to have the Court to award him custody. While I do not know the laws of Oregon, here in Texas, and presumably there too, a parent would have an enormous advantage over a non-parent in any court determination. This could all be avioded if arrangements were made at the present time with the mother for an orderly transfer to your husband upon her death. Another thought is how old is the child? The older the child, and the degree of resistance to moving voiced by the child would be an important factor for the Court to consider, and it may utimately rule the day. Hope this helps your understanding of these matters.