Hmmm.... not exactly sure what situation you're talking about but I can tell you what's supposed to happen with me and x. If x has Owen and can't care for him (gets called into work, ect) then he MUST bring Owen back to me- he CANNOT leave him with his mother/father/sister/friend/ect. I'm really not sure if the reverse is true. When we went to court he had in the papers his lawyer wrote that he wanted first dibs if I can't care for Owen (ok, not those exact words!) but in the papers my lawyer wrote in response she asked that that not be true. I don't even remember going over it in court so I honestly have no clue. Hmmmm... I'll be interested in the responses to this!