My ex and I have a 4 year old daughter together. He's never taken an interest in her life, but a few months ago, he filed a custody suit. I know that it's his mom trying to take control over my daughter, but in any case, he was awarded visitation. Now he works constantly, and I have right of first refusal after 2 hours. We are in the process of going to mediation... my question is, Can I enforce my right of first refusal if his mom is watching her? His mother says that she is immediate family, and so when my daughter's father is working, his mother is able to watch her and I can't enforce my right of first refusal? Were going back to mediation in a few weeks, but I just wanted to be absolutely sure so when we meet with our attorneys, I have no surprises.

Yes, first right of refusal only applies to him, not his mother. Meaning that if HE is unable to be with and care for her and will be away for more than 2 hours then YOU are to be the one first in line to provide the care. Immediate family does not matter.