You could ask the Court for a first right of refusal provision. This is a provision in a custody order that allows the noncustodial parent the right to watch the child before any thirds party if the custodial parent is not available. Just remember this applies to both parents.
This answer is for informational purposes only and should not be construed as legal advice. This Q&A forum does not create an attorney/client relationship. If you have a legal concern that is important to you, I urge you to consult with an attorney. For those who are concerned about their ability to afford legal assistance, the ACBA's Lawyer Referral Service may help: http://www.acbalrs.org
I agree with my colleague. While the Court does usually state that whatever the parents want to do with the child during their custody is up to that parent, the Court also doesn't want to give more time that would just be wasted. I would also have standard language that states if Father is unavailable for X hours, then he has to ask you first if you want custody. The Court wants to have an equal right between the parties as best as possible, and this may not solely be an issue to prevent it.
Talk to an experienced attorney to determine the best way to amend your previous order or what is best for your child. All the best.
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