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Thank you for your question. Please permit me to assist you with your concerns.In terms of purely financial claims, provided that the judge agrees that you are fit to care for the child and also agrees to permanently change custody over to you, the disparity in income would permit you to potentially seek child support from the other parent. That does help you, although the benefits you would receive if you prevail would be lowered in part by removing a portion of payments toward support that you would owe for the other child that remains living with the other parent. A judge may take your situation into consideration but it might not help you--if a judge sees that you cannot care for the children and are out of money, the judge may order that the child be returned to the parent who has a more financially stable home. The best solution here is to try to obtain employment so as to show the judge that you are trying to provide support as best you can.Good luck.
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