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Judge in Alaina Giordano Case Rejects Appeal, Says Jail and Infidelity on Both Sides Are at Issue

Alaina Giordano

Alaina Giordano

The case of the mom with breast cancer who lost custody of her kids just got a little sadder, if that’s possible

Previous reports indicated the judge presiding over the custody battle between Alaina Giordano and her ex, Kane Snyder, ruled against her because her life span was unknown due to her battle with breast cancer. But now the judge in the case, who just rejected Alaina’s appeal this week, is saying there’s more to it.

According to court documents, the case appears to be more complex, with accusations of infidelity on both sides, restraining orders and both parents having spent a night in jail.

Alaina Giordano has been trying to get full custody of her kids, Sofia, 11, and Bud, 5, since early 2010.

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.

Now comes word that in the fall of 2009, the couple fought so hard that they both spent the night in jail and obtained and dropped restraining orders against each other. Judge Nancy Gordon dismissed a motion on Wednesday that would have allowed Alaina to maintain custody of her kids, with her ruling detailing “mutual allegations of mistreatment and infidelity,” and accusing both parents of placing their children “in the middle of their divorce unnecessarily expos[ing] them to the conflict so the children are compelled to choose sides.”

Kane’s layer says the case has been misconstrued in public. The children are due to move to live with him on June 17th. The judge said she does not have the authority to grant a stay for the kids can stay with their mom pending the outcome of the custody order appeal, which Alaina plans to file.

“We knew that it was a long shot that Judge Gordon would grant a stay on her own ruling, but I have great faith that the appeal will be successful and that my children will remain in Durham,'” Alaina said after the ruling.

The judge originally ruled Kane should get the kids based in part on the recommendation of a psychiatrist who was concerned about the “deteriorating condition of the mother’s health.”

Alaina says her cancer is “currently stable and not progressing.” She has had sole physical custody of the kids since August 2010, at which time Kane moved to Chicago full time.

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