Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, May 20, 2011

Fighting Cancer and a Custody Battle

From Mail Online:

A woman with terminal breast cancer says she has lost custody of her children because doctors do not know how long she will live.

Read more here.


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Hmm. I'd be interested in seeing a little more than one reporter's take on one litigant's take. This sounds like a contested relocation case, with an evaluation, and I'm going to guess that the evaluation report doesn't say anything like "Dad should get custody because Mom has cancer". Not impossible, just implausible.

Posted by: R Gould-Saltman | May 20, 2011 5:10:19 PM

Unfortunately, this scenario plays out pretty often. The judge is supposed to base the his decision on what he feels is in the best interests of the children. If one of the parents has terminal cancer, then it might be in the childrens' best interest that custody be awarded to ill parent...again, just a very sad scenario all around.

Posted by: Divorce Attorneys Tulsa | Aug 28, 2011 2:58:17 PM

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