Judge Cites Mom's Breast Cancer in Denying Custody of Children

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[T]he fact that a parent is seriously impaired or likely to die in the imminent future is the kind of thing a judge could legitimately take into account in the analysis," says Glenn Cohen, co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard University.

"By contrast, it seems unusual to me and I would worry that it is potentially discriminatory for a court to say that the mere fact that an otherwise healthy parent at no imminent risk of death or serious impairment has been diagnosed with cancer should be per se exclude them from custody," he adds.

Giordano hopes to appeal the court's ruling so that she and her children can stay in North Carolina. Calls made to Kane Snyder and Judge Nancy Gordon were not returned.

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