Cancer Diagnosis Strips Woman of Parental Rights

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Can you lose custody of your children because you have cancer? Will courts strip you of your parental rights for using prescribed medical treatment? In shocking and revealing cases, North Carolina and California judges ruled yes. Here’s how two separate parents lost custody of their children:

Mom Loses Custody of Kids After Breast Cancer Diagnosis

A North Carolina mother, Alaina Giordano, lost custody of her children after a fierce custody battle; sources reveal that her breast cancer diagnosis largely determined the judge’s decision. “A North Carolina judge denied Giordano primary custody of her two children in part because ‘the course of her disease is unknown’ and ‘children who have a parent with cancer need more contact with the non-ill parent,’” ABC News reports.

Giordano made an official statement to ABC News in 2011: “It makes no sense to take them away from me because you don’t know how long I’m going to live. Everybody dies and none of us knows when. Some of us have a diagnosis of cancer, or diabetes, or asthma. This is a particularly dangerous ruling to base a custody case on a diagnosis.” Giordano passed away in June 2012; she was able to spend the last month of her life with her children, thanks to an emergency motion by her lawyer.

California Takes Children Away From Veteran With Medical Marijuana Prescription

In August 2011, law enforcement seized Michael Lewis’ children Cameran and Bailey and prohibited them from seeing their father and family for a full year. Police and social services justified their decisions by the presence of medical marijuana in Lewis’ home. New York Daily News states, “Michael Lewis says he was exposed to chemical weapons during the war that left him with incapacitating migraines, so he sought a medical marijuana prescription to alleviate the pain — never thinking it would cost him his kids.”

Courts, judges, and family law specialists continue to debate whether using prescribed medical marijuana is grounds for custody loss. Schedule a family lawyer free consultation if your children have been — or may be — wrongfully taken from you owing to diagnosis or treatment.

Don’t let a court wrongfully stop you from seeing your children. Find a family lawyer, seek free family lawyer advice, and stand up for your rights. Learn more.

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