Crisis In The Family Courts

Alaina Giordano Should Not Lose Her Kids Because She Has Breast Cancer

Posted in Uncategorized by abatteredmother on May 7, 2011

In domestic law on May 7, 2011 at 5:12 am

Check out the ABC news story on a mom with breast cancer – who is also DV victim per the written article below – who lost custody based on a psych report.
There are many psychologists that are well known for taking children away from mothers so the fathers can have custody. It’s one of America’s Dirty Little Secrets. You will find many others with similar stories. See reports use the same language for different moms.
See crazy reasons for moms to lose custody

Custody Evaluator – Case Study A custodyevaluator, child custody report, custody evaluation guidelines, forensic custody evaluation


Like her face book Page which was started today and already has  2,053 people like this—the power of the www—and social media for human rights change. :

Alaina Giordano Should Not Lose Her Kids Because She Has Breast Cancer

A judge has ruled that Alaina must give up both her children to her soon-to-be ex-husband on June 17th (so they can move to Chicago for his job) because she has Stage 4 Breast Cancer and there is no telling "how long she will live."
Alaina is strong, physically well, and gets monthly treatments. Her cancer is controlled-which means it’s stable and not progressing. Not to mention- Durham, N.C. is home of the Duke Cancer Institute ( where Alaina has her top-notch medical team. Alaina has a strong support system for her children in Durham, N.C. compared to Chicago- where there will be NO ONE besides the father of the children.
This is unfair, unjust, and needs to be stopped. No children should be taken away from their mother because of Breast Cancer. Alaina’s battle against cancer should be the ONLY battle she should be fighting.
The PURPOSE of this Fanpage is to raise awareness in the media: television, newspaper, talk shows, etc. Please feel free to post links to webpages, phone numbers, or anywhere else on this page that might help our fight. This ruling MUST be overturned. We will fight this battle FOR Alaina so she can work on her #1 priority: staying healthy and being with her children.



Check out the ABC news story on a mom with breast cancer – who is also DV victim per the written article below – who lost custody based on a psych report.


Breast Cancer Mom Loses Custody of Children

Priscilla Benfield, Yahoo! Contributor Network
May 6, 2011 "Contribute content like this. Start Here."

Alaina Giordano’s story about her desperate battle to win back her children sounds too unbelievable to be true. A mother with breast cancer loses custody of her children during her divorce trial. A judge (a female judge) states that she is uncomfortable with the fact that the mother doesn’t know when she will die so she rules to give custody to the father. (see more here) In June, her soon-to-be ex-husband will be able to move them out of North Carolina to Illinois where he has been living and working since August of 2010.

Certainly this is a case of discrimination. According to the court order, the judge felt that it would not be good for the children to be with their mother in Durham because of her breast cancer diagnosis. The judge also factored in that Alaina is currently unemployed.
Alaina may have stage 4 breast cancer but the cancer is contained. Her doctors at the Duke Cancer Institute are amazed at how well she is doing. She cannot jeopardize her treatment by moving out of Durham and finding a new treatment center. She currently gets monthly treatments for her cancer but as you can see in this recent television interview, she does not look like she is dying. see video of interview here

Over 1800 people have "liked" the Facebook page that was set up by a childhood friend of Alaina’s in order to get support for this injustice. People are outraged over the idea that a judge and a father would use a woman’s breast cancer diagnosis to rip these children from their mother. A petition has also been started to get the governor of North Carolina to review this case. The support from total strangers is overwhelming. From breast cancer survivors to people whose own mothers had breast cancer, everyone is in agreement that taking the children away from this mother will do more harm than good.

In every divorce case there are two sides of the story. I have personally interviewed Alaina Giordano. I have also reached out to the father of the children on my blog where I first talked about this case. For legal and moral reasons, it is difficult for me to share all that I know.

Alaina is a woman who is extremely protective of her family. She moved from Pennsylvania with her family after she got her cancer diagnosis because her husband expressed an interest in furthering his education.

While living in North Carolina, (since July 2008) the children have put down roots. Alaina has been receiving cancer treatments at Duke Cancer Institute, one of the best treatment facilities in the world. In the May of 2009, her husband took a job in Georgia, leaving the family behind for 4 months. He would fly out to see the family on weekends but he never gave her an address of where he was living.

When he was home, there were frequent arguments and there are documented calls that were made by Alaina to the National Domestic Violence hotline and the Durham Crisis Response Center. Like many victims of domestic violence, Alaina’s fears kept her from standing up for herself.
In January of 2010 her husband announced that he was going to take a job in the Chicago area and Alaina stood up to him and told him that she did not want to move. Her cancer treatments are in North Carolina at Duke Cancer Institute and how could she leave while still in treatment? She has no support system in Illinois, unlike in Durham, North Carolina where she has supportive friends and trusted doctors. He responded by filing for full custody of the children and a separation. Unbeknownst to her, he had a lawyer on retainer.
Even though she had witnesses and proof of domestic violence, the judge did not pay attention and in the order said that domestic violence was not an issue. The children’s father made many accusations that he did not have to back up with any kind of proof. It appears that he had more money to spend on legal representation than Alaina did and that hurt her. Like many women who go through a divorce, Alaina found that he had been keeping a secret bank account.
Alaina needs to file an appeal with the court in order to reverse this decision but has no attorney to help her. She desperately needs a lawyer who is willing to go the distance and fight against a judge who is biased against a cancer patient.

The real issue here is that two children, ages 5 and 11, will be taken away from their mother who has been their primary caregiver for much of their young lives. These children have already been coping with their mother’s cancer and their father’s frequent absences. Is it fair and just to take these children from their mother just because she is battling cancer and may not win her battle?

The argument can be made that each one of us is dying from the moment we are born and no one knows when our time is up. Having a diagnosis of breast cancer is not a death sentence. Many women survive breast cancer often against unbeatable odds. Alaina’s cancer is contained, which for now means she is winning. She has a medical team at the Duke Cancer Institute that she trusts which is important for a successful battle against her breast cancer.

This is not just another ugly custody battle between two divorcing people. This is a story of a mother with breast cancer whose rights have been violated and who has been victimized not just by her husband but by the justice system. It is also a tragic story of two innocent children whose best interests are not being taken into account.
There is still time to undo this by getting involved and having your voice heard. Cancer should not be a factor in what kind of mother you can be. Alaina’s children need their mother for as long as she is meant to be here.

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