Trying to get custody of her kids has been a roller coaster ride for Alaina Giordano, but fortunately for her, she’s currently on the way up when she would have been forgiven for thinking there was no where to go but down.
Alaina was due to surrender her kids, Sofia, 11, and Bud, 6, to their father next week after a nasty divorce battle — all while she’s already battling breast cancer. A judge in the case had previously granted custody to their father because of the uncertainty of her life span.
But now she’s celebrating a temporary stay of custody pending a final ruling, which means her kids stay put for the time being.
Alaina and Kane Snyder split up in January 2010 and he sought to have the kids move with him away from Alaina in North Carolina to his job in Chicago. In April, a psychologist recommended he get the kids because of the “deteriorating condition of the mother’s health.” Last week the judge dismissed a motion that would have allowed Alaina to maintain custody.
Alaina has repeatedly stated that the kids would suffer “irreparable harm” if forced to relocate before the case is settled upon appeal.
After receiving her cancer diagnosis, the family moved when her husband said he wanted to further his education. Alaina and the kids have been in North Carolina for three years and she’s been receiving treatment at the Duke Cancer Institute. Two years ago, Kane left the family for four months to pursue a job opportunity and didn’t let his wife know where he was. When he did come home, Alaina often called domestic abuse hotlines.
Both Alaina and Kane have accused the other of mistreatment and infidelity, and both have spent a night in jail.
The stay was granted on Wednesday, although no timetable was given for a final ruling.
Alaina’s cancer was first diagnosed in 2007 and it got worse for a time, although she has said recently that it is not progressing currently.