pass variable... to _photos_check_path()

i'm trying to modify that function: _photos_check_path()
i would like to give the user the poxibility to select date of the album (user ca take album in different date . using module date i add date field)

Now i would like to save images depending by this date not current date, if the selected a path like this in administration: %Y/%m/%d

the problem is how i can access to $node object if that function is called by swfupload.module?

I try to use in _photos_check_path():
$node = node_load(arg(1));

and also using:
$node = menu_get_object('node');

but i can get $node why?