I believe the judge will consider it and you have a chance. It's tough to get a judge to change whatever is teh current setup in a parenting situation, becasue they have some belief that "stability" is good for a kid, even a stable, UNSTABILITY, if that makes sense... if it's what the kid knows, the judges are reluctant to change it... but in your situation, the ex ahs made some decisions that are contrary to the best interests (health, educational) of this child. And that might be the turning point. Of course, the fact is that HER instability is SO unstable (gosh, 10 moves in 3 years tips the scale for me)... that that, alone, might do the trick.